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I am writing to you from Manitoba Canada. My husband left me…

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Answer 1

Family Lawyer: Law.Hut, Lawyer replied 8 years ago

There are guidelines in place with respect to child support. If you both have approximately the same income now has 2012, he would be required to pay you $600 per month approximately in child support. The child support guidelines are law and are binding on the court.

The court will always look at current income in trying to assess the amount of child support payable. If you proceeded to court your spouse would be required to turn over his 2013 income tax return and current paystub. Child support will be based on his income only.

He can also be ordered to pay towards additional expenses, of extraordinary activities, extraordinary school expenses, or medical and dental costs. Those are divided in proportion to your incomes.

Child-support will be payable until the child his age 18, and perhaps beyond that age if the child is not financially self-sufficient because of disability or attendance in school.

The amount of child support can be varied each year if there are changes in income.

There are no fixed guidelines in place for spousal support. It is up to the two of you to negotiate, and feeling that a judge has discretion as to whether to order support, the amount, and the duration. There are guidelines in place, but these are not binding on court two. These are called the spousal support advisory guidelines. Those indicate that you would be entitled to some support from a range of zero dollars,to $557 per month. So the range of possible support goes from nothing to an amount almost equal to child-support. I Court would be allowed to ignore these guidelines and order a different amount of support if it saw that as fair. The court will again base decisions on spousal support on the current income.

You can access a calculator for these guidelines at a free site called mysupportcalculator.

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Answer 2

Family Lawyer: Law.Hut, Lawyer replied 8 years ago

With child support, yes. Transport can always be reviewed if there's a significant change in income. He can be required to turn over his income information annually so you can verify if there has been any such change.

With spousal support, it is not as clear-cut. It is possible that a court can take into account increases in income, but the court is not obligated to do so. It would depend on why income has increased, and your own circumstances. The court could conclude that the increasing income is not connected to the marriage words break down and not order an increase in support as a result.

Answer 3

Family Lawyer: Law.Hut, Lawyer replied 8 years ago

Sorry, auto correct. That should read "child support".

Yes, while you have primary care of the child support is based only on the payor's income.

You could still have a claim for spousal support possibly. This is not automatic. But if you were out of the work force or part time for large parts of the relationship the you could be entitled.

I am writing to you from Manitoba Canada. My husband left me…

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