Spousal Support: Support change not spouses.
The rules and guidelines need to change around spousal support.
NO MORE SPOUSAL SUPPORT GUIDELINES – CASE BY CASE family law is what we need.
Criminal law and civil law are treated in the courts on a per case scenario. Why does Family law have imposed “Guidelines.” These Guidelines under the family law act predict verdicts and outcomes for court cases involving spousal support. Because the guidelines are in place, woman (or men) who are going after spousal support know the predicted financial benefit of going to court. As a result, there’re no negotiations through mediation, expensive fees going to lawyers, tied up court rooms and most importantly furthering the breakdown of their relationship especially if children are involved. The spousal support guideline can be use as revenge by the scorn spouse. Making the “Spousal support guideline” revenge with profit. It is not a fair judgment when there is a guideline being followed!
Sadly, there is no enforcement or requirements as to how the collecting spouse spends their spousal support. There is no requirement for spousal support to be spent on training or education to have the collecting party become self-sufficient resulting in ending the spousal support, or lowering the monthly payments for the payee. This creates the circle of them keeping their earning potential low to gain more spousal support. There is no incentive, why would they work harder to make less spousal support. There are websites sites with “spousal support Calculators” where you can see what your “Potential earnings” would be if you go to court to maximize the spousal support collection.
If we could get rid of these guidelines, base family law on a case by case basis. Not on a calculated formula or the “Establishing an entitlement of support” I feel there would a fair trial for parties going to court. This would encourage more parties to attend mediation and have negotiations between both parties to come to a fair and respectful resolution.
Most of the spousal support being exchanged is men paying their ex wife. With these spousal support guidelines these men are experiencing LEGAL ABUSE! It needs to change.
AS OF CURRENT:
Establishing an entitlement to support
Spousal support is paid for one of two reasons:
1. to help the recipient maintain or approximate the marital standard of living after separation, or
CHANGE NEEDED- The standard of living for both parties change after divorce. It should not be up to one spouse to support the other because there is a reduction to their standard of lifestyle. There needs to be accountability to maintain self sufficiency though education, work to better yourself.
2. to compensate the recipient for financial decisions made by the spouses during their relationship.
CHANGE NEEDED: Financial decision made by the spouses during the relationship were made as a couple resulting in a decision. This is penalizing again the spouse who is the higher earner to pay for decisions that were made as a married couple.
In general, the court will take into consideration the following factors, among many others.
▪ Length of marriage: The longer the relationship, the more likely it is that an order for spousal support will be made. As well, the longer the relationship is, the stronger the presumption will be that the parties should have an equal or almost equal standard of living at its conclusion.
CHANGE REQUIRED: Length of marriage: Spouses should not be penalized because they spent a specific time with that partner. The standards of living changes with divorce it’s inevitable. There should not be a requirement to maintain any standard of living for both parties after the division of assets and debts. Both parties will encounter changes in their standard of living.
▪ Difference in incomes: The greater the difference in income between the parties is at the end of a relationship, the more likely it is that an order for spousal support will be made, even if the support will only be paid for a short period of time.
CHANGE REQUIRED There are no regulations on how spousal support is spent. As well, there is no incentive for the lower paid earner to work hard, go to school to better their skill set because they receive spousal support. The more they make the less spousal support they get. Therefore, why would they work harder to make more money when they would be working minimal and gaining spousal support.
▪ Economic disadvantage: The more economic opportunities a spouse has lost as result of the relationship, such as job skills, job opportunities, raises and promotions, or employability, the more likely it is that an order for spousal support will be made.
CHANGE REQUIRED: In marriage decisions are made based on discussion, compromise and agreeing. Both parties could have equally lost opportunities as a result of a relationship because the agreed decisions were made as a married couple. Decisions made within the union are were best for the relationship. Therefore, what was agreed upon in the marriage can cause a repercussion if there is a divorce. Both parties could have lost job opportunities, there is no guarantee there would have been job promotions or raises with ones employment. Economic disadvantage is based on probability not actuality.
▪ Earning capacity: The more one party's earning capacity is reduced because of family obligations like child care or a serious illness, for example, the more likely it is that an order for spousal support will be made.
CHANGE REQUIRED: the spouses in the marriage agree upon family obligations. In turn both parties have sacrificed with family obligations. The spouse caring for the kids and not working; the working spouse would miss out on bedtime, school functions, child developments, bonding and appointments. The working spouse would incur more stress such as pressure to provide for the family, take over time when available, work a secondary job if necessary, hold the burden of proving a good enough lifestyle for family. The pressure and financial requirements from the working party is not taken into account. The only thing noted on this is what the one spouse had to sacrifice. There is a lot the working spouse had to sacrifice too.
THE UNFAIR TRUTH:
*This is just the tip of iceberg of family law surrounding spousal support. There is zero accountability for the person collecting spousal support to better him or herself though education or employment. If the person collecting spousal support refuses to be self-sufficient they will continue to collect spousal support which is why these guideline’s create “Revenge with profit”
*Those who are claiming to get the spousal support can write off their lawyer fees on their taxes, while the person who is defending their income has to pay the lawyer fees in full. CHANGE NEEDED: Either all parties or no parties can right off their lawyer fees.
*Spousal support is based on the CURRENT annual earning of their spouse who is paying. CHANGE NEEDED: The support should be based on the average earning of the spouse when they were married, or if the amount of their annual salary is lower than it was in the marriage. This creates an “Economical disadvantage” because the more the paying spouse makes AFTER the marriage the ex spouse is entitled too. Unfortunately this hinders the earning potential, promotions and raise’s of the paying spouse. Because they do not want to pay their ex spouse any more. It becomes the more you earn, the more you pay; therefore, what is accumulated after the marriage is not protected from your ex spouse.
*There is no time frame on spousal support. CHANGE NEEDED: There needs to be time frames on spousal support. It is not fair to penalize the paying party for years and years and years. There needs to become a point when both parties take responsibility for themselves, their self sufficiency and move on and better themselves. Many spouses especially those who are older, do not become cohabitant with a new partner because they want to continue to collect their spousal support.
I am creating this petition as a female, as a wife, as an ex wife. Changes need to be made! Please sign the petition to create a change to spousal support!
SUPPORT CHANGE: NOT YOUR EX SPOUSE
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