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The Federal Department of Justice is due to release draft spousal support
guidelines this Fall, according to two articles by Cristin Schmitz in the
Lawyers Weekly published August 13, 2004. This is the culmination of a Federal
initiative started in 2001 to develop a set of spousal support guidelines for
Canada.
Unlike the Federal Child Support Guidelines, the spousal support guidelines will not be mandatory. (So therefore they will be open for interpretation by politically motivated ambitious judges.)
The Federal Department of Justice commissioned the spousal support guidelines
in an effort to promote some level of consistency,
(They mean uncertainty.)certainty and fairness in
spousal support awards across Canada. At present, there are wide discrepancies
in spousal support awards in different provinces and regions of the country.
(With no controlling body to investigate wrong doing or abuse.)
Although the spousal support guidelines have not yet been released to the legal
community or the public for review, information has been released about the
general format of the proposed guidelines. According to the Lawyers Weekly
articles, there will be two formulas for the spousal support guidelines. One
general formula will apply to marriages where the parties have no dependent
children, and the other to marriages where there are dependent children.
(Be advised that a Judge at his whim can make the children
of your spouse from a previous relationship YOURS for the purpose of child
support.)
The guidelines propose a range of duration of support of 6 months to 1 year for
each year of marriage. The support obligation would be
indefinite
if the marriage lasted more than 5 years and
if, by adding the age of the applicant spouse and the number of years of
marriage together, the total is 65 or more.
So to all you people married for 5 years good luck for fairness. What happened to the original ideolgy that spousal support was so the other person could again become self sufficient. The Canadian Justice System then expects this to be fair and enforceable world wide through by-lateral agreements.
Wake up Canada you are allowing this legal abuse to
continue!
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