Vancouver Interim Spousal Support Lawyers 604-602-9000
Vancouver Interim Spousal Support Lawyers provide urgent legal assistance to ensure a spouse is properly supported until the parties can agree on a long term settlement or the court decides family issues at trial.
If you’ve recently separated MacLean Law’s Vancouver interim spousal support lawyers can act quickly to get you the support you need so you can move forward with your life. MacLean Law Vancouver Spousal Support Lawyers recognize the urgency of getting you the support you need when your spouse is no longer there to support you. Vancouver Interim Spousal Support Lawyers know the court will often focus more on means and needs that any immediate goal of self sufficiency or assessment of entitlement.
Interim Spousal support is available for married spouses under the Divorce Act and common law spouses under the Family Law Act. While there is no limitation period for bringing a claim for spousal support under the Divorce Act, the longer a former spouse waits the less likely he or she will succeed.
For immediate action contact us at MacLean Law to get the interim spousal support you need and deserve.
Vancouver Interim Spousal Support Lawyers 604-602-9000
The considerations underlying an award of interim spousal support are summarized in the oft-quoted decision of Master Keighley in Robles v. Kuhn, 2009 BCSC 1163, at para. 12:
[12] On interim support applications, the application of these provisions must be qualified by certain established considerations:
1. On applications for interim support the applicant’s needs and the respondent’s ability to pay assume greater significance: Gibb v. Gibb,[2005] B.C.J. No. 2730 (S.C.);
2. An interim support order should be sufficient to allow the applicant to continue living at the same standard of living enjoyed prior to separation if the payor’s ability to pay warrants it: Grossi v. Grossi, [1993] B.C.J. No. 878 (S.C.);
3. On interim support applications the court does not embark on an in-depth analysis of the parties’ circumstances which is better left to trial. The court achieves rough justice at best: Randhawa v. Randhawa, [1999] B.C.J. No. 3299; Newson v. Newson, [1998] B.C.J. No. 2906, 65 B.C.L.R. (3d) 22 (C.A.);
4. The courts should not unduly emphasize any one of the statutory considerations above others;
5. On interim applications the need to achieve economic self-sufficiency is often of less significance;
6. Interim support should be ordered within the range suggested by the Spousal Support Advisory Guidelines unless exceptional circumstances indicate otherwise: Ladd v. Ladd, [2006] B.C.J. No. 1930, 2006 BCSC 1280 (S.C.);
7. Interim support should only be ordered where it can be said a prima facie case for entitlement has been made out: LG.B. v. M.A.C.M.,[2005] B.C.J. No. 2966, 2005 BCSC 1786;
8. Where there is a need to resolve contested issues of fact, especially those connected with a threshold issue, such as entitlement, it becomes less advisable to order interim support: L.G.B.
On an Interim Spousal Support Application, the Court will look at the Spousal Support Guidelines to determine how much spousal support should be paid and the factors considered will include:
- Length of the marriage or common law relationship
- Whether there are children of the relationship
- The incomes of the spouses
- past family lifestyle
- real income of the spouses
It pays to hire the best Vancouver Interim Spousal Support Lawyers to help you obtain a just amount of Vancouver interim spousal support. Call our award winning family law firm today. We have 7 offices across BC and offices in Calgary and Winnipeg to assist you. 1-877-602-9900.
