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