Winning spousal support or getting interim spousal support in BC is extremely important. The amount can easily be worth hundreds of thousands of dollars. Do not assume that you will not be entitled to it.
If you are the one being asked to pay spousal support, take the issue seriously. If your spouse gets a court order, you might also have to pay their legal costs. The legal costs could add tens of thousands of dollars to the payment you need to make. If you fail to make the spousal support payments, the judge can order the Sheriffs to take you to a holding cell.
A lot of people make mistakes because they sign away their rights to spousal support, or they end up paying way too much. This often happens when the two spouses sign a separation agreement in BC.
This can also happen with common-law partners.
Federal Guidelines For Spousal Support
The advisory guidelines come down from the federal government. This provides a guideline on how much spousal support should be paid, and how long it should go on for. If you signed a marriage agreement or a separation agreement, the courts will often go with the amount. However, this is not always the case.
One spouse should not be poor, where the other spouse is rich. That’s not fair. In a short marriage, you will likely get a smaller amount of support. If you have a very long marriage, you can be entitled to massive spousal support payments.
Instead of guessing what will happen with your case, most legal experts and lawyers will look at case law on CanLII. This shows the decisions that judges have made about spousal support orders in British Columbia. We just did a quick search and found this case about spousal support.
You can see the matter was heard in the Kamloops supreme court. This was an application and not a trial. Applications are often used in family law issues. In this matter, the applicant wants spousal support, to keep their health coverage, and interim joint custody. You will see that the applicant got interim custody, spousal support, and child support. So it’s worth hiring a lawyer to do things correctly.
Calculators For Interim Spousal Support BC
Many family lawyers in British Columbia use software to calculate spousal support. This software is called Divorcemate. You should not use free software that you find online. The judge will ask you how you calculated the support payment. If your answer is that you used a free online tool, the judge won’t listen to you. Also, you want to show to the courts that you have taken the legal issue seriously. Further, if your spouse is prepared, and you are not, you will have a bad time in court.
If you need a lawyer to file an application for interim spousal support, contact us using the form on the side of this page. We have lawyers in Victoria and Vancouver. We also might be able to do the hearing over the phone if you live in another city in British Columbia.
Dealing with family law is stressful, why not let one of our lawyers or paralegals deal with it? We know ways to get you the relief you need. We also know how to save you money. Ask us about having a paralegal do the majority of your work. You also ask us about how to use a legal coach. We have many tools that you can use. Lawyers often charge $350/hour, and paralegals charge around $175/hour.
Interim Spousal Support In British Columbia
An interim order provides short-term funding for a number of things. This should be able to get you by until you hopefully get the money you are owed, either by settlement or after the trial.
It allows people to access justice and level the playing field. If one person can afford a lawyer and experts, and the other cannot, the wealthy person has a big advantage. Many judges also use the term “leveling the playing field.” Judges want things to be fair. Interim orders can also be used for dealing with the division of assets.
You can make an application for an interim order. You can use this to fund expert opinions, and sometimes legal fees. However, this has changed over the years. Now orders can order an interim distribution of family properties if it doesn’t hurt the spouses. This can be used to fund dispute resolutions or obtaining evidence for a family law matter. The dispute resolutions are often mediation and arbitration. An example might be an award for $50,000 to pay experts to do an investigation into the spouse’s assets and debts.
Read more articles:
- Am I Entitled to Spousal Support?
- Protecting Property In Common Law
- Your Spouse is Cheating on You, Now What?
Click here to watch videos about family law. If you need help with interim spousal support in BC, contact us.
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Interim Spousal Support BC
Do I need a family lawyer?
It will depend on your situation. The best thing for you to do is to get a free consultation with a lawyer. You can then learn about the process and the costs.
Does legal aid help with custody cases?
Legal aid does cover family law cases if you are low income. Keep in mind that many clients on legal aid do not get the same attention as regular clients. Many legal aid lawyers have hundreds of clients at the same time!
Is family law provincial or federal?
It’s actually both. That is what makes it so confusing. Every province has their own provincial laws. But the Divorce Act also applies (and is federal.) You have to learn at least two Acts for family law.
What questions should I ask family lawyer?
It’s better to tell the lawyer about your case and answer the lawyers questions. Let the lawyer determine what is important in your case. They know what the courts will want to see.
At what age can a child decide where they want to live?
Each province has their own laws. There can be other complications as well if the child has a handicap. Common ages are 18 or 19 years old.
What are my legal rights in a divorce?
You have a lot. There is a provincial Act and a federal Act that determines your rights and obligations You should definately speak to a lawyer about this question.