Divorce, like all family law matters, involves many complicated legal details that you’ll need to handle. A key element of the process of divorce is determining spousal and child support. Vancouver lawyers from the Donald B. Phelps Law Corporation have extensive knowledge of the law that can ensure that every party is completely aware of and meets the full extent of their legal requirements. It’s a good idea to hire a lawyer during this trying time because we ensure your rights are being protected, help you determine who in the relationship is entitled spousal or child support and help you understand the differences between the two.
Generally, if one partner in a relationship is in a better financial state than the other, that person is required to pay spousal support after the marriage ends. Spousal support is intended to make sure that neither spouse faces economic hardship as a result of a divorce.
Spousal support provides the partner who is in need of support various benefits, such as:
You may be entitled to spousal support based on your ability to live independently of your former spouse. To apply for spousal support, you will have to apply for a court order and then you and your spouse supply financial information to each other and the court to determine if there is a true need for and ability to pay spousal support.
If you and your partner have children and are getting a divorce, child support takes precedent over spousal support. It is the child’s legal right to be supported by both parents, so child support in Vancouver ensures that both parents continue to provide for their children.
The parent entitled to child support is determined by the custody agreement between the parents.
The non-custodial or higher income parent is legally required to pay child support while the children are under the age of majority or are unable to live independently due to a number of factors such as illness or disability.
Attaining spousal support and/or child support can be a complicated and time-consuming process, so the help of an experienced lawyer is essential. To learn more about spousal and child support, and to determine if you are entitled to financial support of any kind, be sure to contact our lawyers.