Best Surrey Interim Spousal Support Lawyers help spouses meet their monthly needs until trial when the court will have a fuller picture of the parties’ finances. Call Lorne N. MacLean, QC at 604-602-9000.
Best Surrey Interim Spousal Support Lawyers
Vancouver’s Best Family Law Firm, MacLean Family Law as selected multiple times by prestigious Top Choice Awards and its Surrey Interim Spousal Support Lawyers know interim support awards are made promptly and often on incomplete evidence to enable spouse’s and their children to meet their needs and have a proper standard of living until trial.
Often, the real income of the parties and their real ability to work and earn income have not been fully disclosed. There are often greatly conflicting materials filed. The Surrey interim spousal support order is rough justice subject to correction at the trial.
Surrey Interim Spousal Support Lawyers know spouses often demand one spouse get a job immediately after separation when it will take time for one spouse to get employed or retrained. Interim orders are temporary and can be corrected by the trial judge retroactively.
Surrey Interim Spousal Support Lawyers often cite the case of Robles v. Kuhn, 2009 BCSC 1163
On interim support applications, the application of these provisions must be qualified by certain established considerations:
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.);
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.);
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 CanLII 6440 (BC CA), [1998] B.C.J. No. 2906, 65 B.C.L.R. (3d) 22 (C.A.);
The courts should not unduly emphasize any one of the statutory considerations above others;
On interim applications the need to achieve economic self-sufficiency is often of less significance;
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.) (CanLII);
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 (S.C.) (CanLII);
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.
Call our top rated Surrey Interim Spousal Support Lawyers at 1-877-602-9900.
Our law firm handles Interim Spousal Support cases at our 5 BC offices in Vancouver, Surrey, Richmond, Kelowna and Fort St John. We also handle interim spousal support cases in Calgary Alberta and Winnipeg Manitoba.
Punjabi Surrey Interim Spousal Support Lawyers
We have one of Vancouver and Surrey’s largest multilingual family law departments, fluent in Punjabi and Hindi and lawyers who are fluent in Mandarin. If you need top Punjabi Surrey Interim Spousal Support Lawyers or the best Mandarin Surrey Interim Spousal Support Lawyers call us now at 604-576-5400.
