If you and your spouse cannot agree on a specific spousal support agreement, the judge preceding over the case will use the Spousal Support Advisory Guidelines as part of the calculation for the amount and duration of support.
There are two different types of spousal support the courts will look at.
- Without Child Support
- With Child Support
If the separating couple does not share a child, the judge will look at the length of time the relationship has lasted. This will come into play when the judge decides on the length spousal support will need to be [aod.
In most cases, this will be calculated on a maximum of a 25-year relationship to where each year can equal the length of 6 months to one full year of spousal support.
The dollar amount that may have to be given in most cases will be anywhere from 2% to a maximum of 50% of the difference between the spouse’s gross income.
Speaking to an experienced Family Lawyer will give you the best advice you need, may it be you have to pay out for spousal support or if you are the one receiving spousal support.
This calculation places emphasis on a child’s rights to financial security.
When children are not yet of age, the parents are still responsible for the raising and financial duties to support that child. The calculation for child support is based on the non-residential parents’ income. Time spent with the child does not go into part of this calculation unless you spend significant time with the child. Support is usually a case by case situation. It is best to speak to your family law lawyer in order to calculate what you may have to pay or should be receiving for child support.
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