Determining the quantum and duration of spousal support can be complicated and unclear. Unlike child support, there are no federal or provincial tables that clearly set out your entitlements. While there are advisory guidelines that the courts have informally adopted, the determination of entitlement, quantum, and duration of support is ultimately at the court’s discretion. All spousal support orders aim to meet the following objectives:

1. To recognize any economic advantage or disadvantage to the spouse arising from the marriage or its breakdown. In arguing this point, it is important to make a connection between the marriage roles. A common example is where one parent quits his or her job to care for the children and now lacks the requisite experience or credentials to re-enter the workforce.
2. To compensate for hidden costs. This is a less common objective because the areas of compensation often overlap with child support. One example of this type of expense is a vehicle suitable for transporting children as a single parent. If you have six children and had previously shared transportation responsibilities with your spouse, you may need to purchase a larger vehicle to cope as a single parent.
3. To relieve any economic hardship of the spouses arising from the breakdown of the marriage. This is one of the more common objectives. “Economic Hardship” encompasses a number of items, such as loss of income stream, increased day care needs, and the cost of one spouse returning to school with a goal to enter or re-enter the workforce.
4. To promote the economic self-sufficiency of each spouse within a reasonable period of time. This point expands on point 3 and specifically recognizes the hidden costs of going back to work. This may include tuition costs, child care costs, and any other cost incurred as a result of re-entering the workforce.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In our first post on the Family Responsibility Office, we gave you a general overview about the FRO and what it can do for you.  This follow-up post is meant to be a cautionary tale of sorts; a reality check for those who might not take their support obligations seriously.

If you are a payor who has failed to meet your support requirements, the FRO may take any of the following enforcement actions against you:

• garnishing your bank accounts
• garnishing money you may be entitled to receive from the Government of Canada (for example: income tax refunds, employment insurance benefits, Canada Pension Plan benefits, and Old Age Security benefits)
• reporting you to the credit bureau
• suspending your driver’s licence
• suspending your Canadian passport or other federal licences (including a pilot’s licence, as well as maritime and navigational licences and certificates)
• placing a lien on your personal property
• issuing a writ of seizure and sale for property you own
• reporting you to your professional or occupational organization(s)
• seizing your lottery winnings, and
• starting a Default Hearing, which could result in up to 180 days of jail time.

Child Support is owed even by payors who have declared backruptcy. It will accrue and the FRO will deal directly with the Trustee in Bankruptcy.

If that’s not enough to convince you, the FRO also has the authority and ability to post information about you online.

If you have not made a support payment in the last six months and the FRO has exhausted all options to find you, they may post personal information about you on goodparentspay.com.

Goodparentspay.com is a section on the FRO website. Its purpose is to ask the public’s help in locating a defaulting payor.

FRO may post the following information about a defaulting payor:

• photograph
• name
• physical description (height, weight, hair, and eye colour)
• approximate age
• last known address
• usual occupation/trades, and
• language(s) spoken.

Before posting information, the FRO obtains consent from the support recipient.

The public can provide tips and information anonymously by e-mail, telephone, or letter.

If you are a payor who has fallen behind in your support payments, it is important to contact the FRO as soon as possible at 416-326-1817 or toll-free at 1-800-267-4330. They will assist you in working out a payment plan. The sooner you address any issues with missed payments, the better.

If you are a support recipient in need of enforcement assistance, The FRO website has a wealth of helpful tips and information to help you obtain your support payments. Visit their website to find out more on how to get started.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

If you’re in the process of separating or divorcing, you may have heard about the Family Responsibility Office, commonly referred to
as “FRO.”  FRO is part of the Ontario Ministry of Community and Social Services.

FRO collects, distributes, and enforces child and spousal support payments. It assists support recipients in Ontario to recover the support payments they are entitled to by enforcing court-ordered support responsibilities. They work to flow payments from the person who pays the support (the payor) to the person who is entitled to it (the recipient).

What does this mean for you?

If a court has ordered that you are to receive child support or spousal support and the payor neglects to pay, the FRO has the legal authority and responsibility to enforce payment of the amount owed.

FRO has enforcement agreements with every Canadian province and territory, as well as 31 countries, including the United States, across the globe. This means that the FRO can help enforce support payments even if the payor lives in a different province/country than the recipient. This is particularly helpful in today’s multicultural society, where some spouses choose to return to their country of origin following a separation or divorce.

Every year, the Family Responsibility Office:

• handles more than 180,000 cases;
• represents nearly 400,000 people; and
• collects about $650 million in support payments.

If you are a payor who has fallen behind in your support payments, it is important to contact the FRO as soon as possible at 416-326-1817 or toll-free at 1-800-267-4330. They will assist you in working out a payment plan. The sooner you address any issues with missed payments, the better.

If you are a support recipient in need of enforcement assistance, The FRO website has a wealth of helpful tips and information to help you obtain your support payments. Visit their website to find out more on how to get started.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

The law views marriage as a legal merging of assets, and if it breaks down, one spouse is often left with less than the other. While it is expected that adults in the process of divorce make all efforts to support themselves, it is often the case that the spouse with a higher income or more assets will be responsible for supporting the other spouse.

As you may know, child support amounts are clearly and concisely outlined in the Federal and Provincial Child Support Guidelines. The formula is simple and is calculated based on the paying parent’s income and the number of children. Payment of child support is automatic and non-negotiable.

Spousal support is a completely difference game. Unlike child support, payment of spousal support is not automatic, nor is the amount simply calculated. On the contrary, it is an extremely complex calculation that is difficult even for seasoned lawyers to predict. Several years ago, two University of Toronto professors created the Spousal Support Advisory Guidelines; a formula for calculating the quantum of spousal support to be paid. Considerations include the length of the marriage, how difficult it would be for the spouse to become self-sufficient, the difference in income between the spouses, and any perceived sacrifices the economically disadvantaged spouse may have made for the sake of the marriage. Ultimately, the Advisory Guidelines are just that: Guidelines. Whether or not spousal support will be ordered and the quantum of the support is at the discretion of the judge, taking into consideration all of the specific circumstances of the relationship.

Both common law and married spouses are entitled to make a claim for spousal support. Married spouses are entitled to support under the federal Divorce Act, and common law spouses under the provincial Family Law Act. Entitlement to spousal support applies to both opposite-sex and same-sex couples.

Family lawyers often use a specialized program called “DivorceMate” to produce a spousal support calculation pursuant to the Advisory Guidelines. MyOntarioDivorce.com and Berman Barristers offer this calculation for a flat-rate fee.

For more information on spousal support, DivorceMate calculations, and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

“How much child support do I have to pay?”

Child support payments are determined using a table called the “Child Support Guidelines.” The amount you pay is dependent on the province in which you live, the amount you earn, and the number of children for whom you are paying support.

“Do I have any control over how child support payments are being used?”

No. Since the court has found your former spouse capable of looking after your children, the court assumes that he or she is also capable of looking after the child support money.

“When does child support end?”

Normally, you must pay child support as long as your children are enrolled in school full-time. This often includes paying child support while your children are in college or university earning their first post-secondary degree or diploma.

“Can my child support payments be changed?”

Yes. Child support payments can be changed any time you experience a change in circumstances, such as a significant drop in your income.

“I’m being denied access to my children. Can I stop paying child support?”

No. Only the court can change the amount of child support that you must pay. If your former spouse is denying you access to the children, now’s the time to use MyOntarioDivorce.com to find out how you can exercise your legal rights in such a matter.
Spousal support FAQs

“Do I have to pay spousal support?”

If you earn more than your spouse, you may have to pay spousal support. The longer your marriage lasted and the bigger the difference between your income and your spouse’s income, the greater the chance that you’ll have to pay spousal support.

“How much spousal support do I have to pay?”

The amount of spousal support that needs to be paid is determined on an individual case basis. The court considers all of you and your spouse’s circumstances, including:

- Your assets and your spouse’s assets,

- Your income and your spouse income,

- Your age and your spouse’s age,

- Your health and your spouse’s health,

- The standard of living when you lived with your spouse,

- The ability of your spouse to become self-sufficient,

- The contribution your spouse has made to your career, and

- The economic hardship suffered by your spouse arising from the marriage.

“How long will I have to pay spousal support?”

Generally, courts don’t impose a time limit on spousal support unless your marriage was quite brief. However, you can apply to change your spousal support under certain circumstances.

“Is spousal support tax deductible?”

Yes. In Canada, you may deduct your spousal support payments from your income if you have a separation agreement or Court Order that requires you to pay spousal support. If you receive spousal support, you are required to pay tax on it.

“Can my spousal support payments be changed?”

Yes. Spousal support payments can be changed anytime there has been a drastic change in circumstances, such as remarriage by your spouse or a dramatic drop in your income.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer