MAnitoba Family Law
Child & Spousal Support Lawyers in Winnipeg
Your Family matters
Winnipeg SPOUSAL AND CHILD SUPPORT Lawyers
Respected Family Lawyers Assist Winnipeg Clients with Support Issues
Providing spousal and child support counsel throughout the Manitoba province
To finalize a divorce, many different issues must be resolved, including whether spousal support should be paid and how much child support the custodial parent should receive.
Our lawyers at Visionary Law work with families throughout Manitoba to settle these, and many other complicated domestic family law matters. If your divorce is uncontested, our lawyers can help you add detailed provisions regarding spousal support, child custody, child support, and other issues. If you and your spouse cannot agree on how to deal with these matters, we are prepared to advocate for your rights in court.
How the court determines spousal support
Under the Divorce Act and the provincial Family Maintenance Act spousal support is typically paid when there is a substantial disparity between spouses’ incomes after they divorce or separate. However, every case is different, and despite such a difference in income, the court may choose not to award spousal support if the requesting spouse has assets of their own.
When deciding if a spouse should receive support, the court considers a variety of different factors, including the following:
- Financial means and needs of both spouses
- Length of the marriage
- Roles of each spouse during their marriage
- Effect of those roles and the breakdown of the marriage on both spouses’ current financial positions
- Care of the children
- Goal of encouraging a spouse who receives support to be self-sufficient in a reasonable period of time
- Any orders, agreements, or arrangements already made about spousal support.
It is important to remember that Canada follows a no-fault rule. This means that the reasons for your divorce or separation will have no impact on the legal obligation you or your spouse have to provide support.
How child support is determined in Canada
In Canada, the following support guidelines determine the amount of child support a parent may receive:
- Type of care and control relationship
- Number of children
- Province or territory where the paying parent lives
- Paying parent’s before-tax annual income
We are well-versed in the child support guidelines and can quickly review your case to determine what your next move should be.
When spousal support and child support are sought
If a spouse requires both spousal support and child support, the court must consider how spousal support might affect child support payments. According to both the provincial and federal legislation a judge must prioritize child support payments over spousal support payments when a spouse applies for both.
Contact our spousal and child support lawyers in Winnipeg
Visionary Law is determined to help Manitoba residents resolve difficult family law problems. If you need help with a child support or spousal support issue, call (204) 515-6020 or fill out the form below to schedule a initial consultation with an experienced lawyer today.
Request an Initial Consultation
Please complete the form below to request a family law consultation with Visionary Law. We will contact you as soon as possible to schedule an office visit. Information shared with our office in this form and during our consultation is and will remain private and confidential.