John Syrtash's Family Law Research for practitioners - database

By: Spousal Support  09-12-2011
Keywords: Child Support

What information does the New Revised Spousal Support Database contain?

Each case has been summarized under up to forty different categories. Some of the major factors include the age of the recipient spouse, the length of the parties' marriage/cohabitation, the payor's annual income, the recipient's annual income, whether the parties had a "traditional" marriage, the judge's name, the province, the amount of property distributed to the recipient spouse, if any, and whether the order is interim or final. Not all cases include all of these factors.

The database cannot be a replacement for thorough legal research. However, it can facilitate such research by providing to the reader a quick summary of all available cases with similar factors and attributes. Most importantly, it can also provide a guide as to what the range of periodic or lump sum support payments might be, according to the Courts, for any given fact situation.

New Sample Research Results

The revised Spousal Support database will also apply the new Spousal Support Advisory Guidelines and compare the results for your client's circumstances to the case law. Think of the revised Spousal Support Database as a doubled-barreled approach to court proceedings or settlement agreements.

Child Support and its Effects on Spousal Decisions

As a result of changes in both Canada's Income Tax and Divorce Act in 1977, child support is no longer deductible for any new agreements or new court orders, including variations of former orders, on or after May, 1997. Therefore, when child support is payable, the results of a spousal support database search should be reviewed together with a precise calculation of each spouse's net disposable income, after child support under the applicable Guidelines, has been taken into account.

Keywords: Child Support

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John Syrtash's Family Law Research for practitioners - chart s

Each entry in the chart above represents a case.


John Syrtash's Family Law Research for practitioners - draftfactumcentre

These decisions are obtained from Q.L. System's on-line legal research facility, Quicklaw, and from the Reports of Family Law reporting series published by Carswell Thomson Professional Publishing, a division of Thomson Canada Limited.