Ricardo and Sue were married in 2002 and separated in 2005. Tom’s gross income is $100,000 and Sue’s gross income is $120,000. Ricardo applied for spousal support, and his claim is granted.
$120,000 - $100,000 =
$20,000 is the difference in the gross incomes of Ricardo and Sue
x 3 = 4.5% to 2 x 3 = 6%
4.5% x $20, 000 = $900 per year to 6% x $20,000 = $1,200 per year
= range of $75 to $100 per month
What will be the Duration of the Support?
x .5 / 3 x 1 = range 1 ½ to 3 years
Ed and Tim have been married since 2005. They separated in 2013 when Ed was 59 and Tim was 61. Ed’s gross income is $60,000, and Tim’s is $26,000.
Using the SSG, how much monthly support will be ordered?
$60,000 - $26,000 =
$34,000 is the difference in gross income of Ed and Tim
1.5 x 8 = 12% to 2 x 8= 16 %
$34,000 x 12% = $4,080 per year to $34,000 x 16% = $5,440 per year
= range of $340 to $$453 per month
What will be the Duration of the Support?
Duration will be indefinite according to the rule of 65. Tim, the support recipient was 61 at separation and the marriage lasted 8 years for a total of 69.
Maria and Ivan were married in 1982, and separated in 2009. Mary’s gross income is $75,000 and Ivan’s is $60,000.
Using the SSG, how much monthly support will be ordered?
$75,000 - $60,000 =
$15,000 is the difference in gross income between Maria and Ivan
1.5 x 27 = 40.5% to 2 x 27 = 54%
$! 5,000 x 40.5% = $6,075 to $15,000 x 54% = $8,100
However, there is a 50% maximum thus the range would be 37.5 to 50% of $1,500
= $5,625 per year to $7,500 per year
= range of $468.75 to $625 per month
What will be the Duration of the Support?
Duration is indefinite as the marriage was over 20 years
Sandra and Elisha have been cohabitating since 1997 and they separated in 2014 when Sandra was 49 and Elisha was 44. Sandra’s income is $65,000 and Elisha’s is $82,000.
Using the SSG, how much monthly support will be ordered?
$82,000 - $65,000 =
$17,000 is the difference in gross income between Sandra and Elisha
1.5 x 17 =25.5% to 2 x 17 = 34%
$17,000 x 25.5% = $4,335 to$17,000 x 34% = $5,780 per year
=range of $361.25 to $481.66 per month
What will be the Duration of the Support?
Duration is 17 x .5 to 17 x 1 = duration range of 8 ½ to 17 years.
Andrea and Tony were married in 2010 and separated in 2012. Andrea’s income is $50,000 and Tony’s is $90,000.
Using the SSG, how much monthly support will be ordered?
$90,000 - $50,000 =
$40,000 is the difference in gross income between Andrea and Tony
2 x 1.5% = 3% to 2 x 2% = 4%
$40,000 x 3% = $1,200 per year to $1,600 per year
= range of $100 to $133.33 per month
The court could impose a time limit and request the payer to make a lump sum payment as the total is small.
What will be the Duration of the Support?
2 x .5 to 2 x 1 = duration range of 1 to 2 years
Hank and Winnie have just separated, Using the following facts:
Hank: on date of marriage owned house mortgage free worth $300,000; owned rental property worth $250,000, subject to a $100,000 mortgage, savings of $10,000 and a car worth $15,000; during marriage he received $40,000 as damages from a car accident in which he was injured. He used the $40,000 to purchase shares in Microsoft Inc.; at date of separation he owns the same house he owned in marriage in which they lived during marriage. House is worth $400,000, owns rental property now worth $350,000 mortgage free, owns Microsoft shares worth $50,000 and owns a car worth $40,000; has joint savings with Winnie at $30,000 balance
Winnie: on date of marriage inherited a cottage property in Ontario from her father worth $150,000 at the time of inheritance; at date of separation, owns art collection worth $50,000, owns cottage now worth $250,000 where both lived until separation, owns stock worth $500,000, owns car worth $35,000, has joint savings with $30,000
Calculate the net family property of each spouse
Hank’s net family property = 210,000
At Marriage = 300,000 + 150,000 + 10,000 +15,000 = 475,000
At Separation = 200,000 + 350,000 +50,000 + 40,000 + 15,000 = 655, 000
Marriage 475,000 minus valuation 655,000 = 210,000
Winnie’s net family property = 915,000
At Marriage = 150,000
At Separation = 200,000+ 15,000+ 50,000+ 250,000+500,000+ 35,000+15,000. Valuation = 1,065,000
1,065,000 – 150,000 = 915,000
Calculate the equalization payment, and indicate who will be making it.
Hank is entitled to one half of the difference between the net family property of each or ½ of 705,000 = $352,500.
Under what circumstances is the court given discretion not to apply the table amounts in determining child support?
The table amount applies generally when a child lives with a parent most of the time. The other pays support. However, judges may choose to vary from the table amount and use discretion when a child is age of majority but still dependent or when there is split or shared custody or when a parent may face undue hardship by being required to pay the table amount of support.
Under what circumstances may the court order the payment of an additional amount over and above the table amount?
The amount of child support could be increased to reflect the increased costs of shared custody, to adjust for the recipient parent’s larger share of the actual child care costs, to reflect a parent’s reliance upon a previous higher amount of child support or to reduce disparities in the standards of living between the parental households.
How is child support calculated if the income of a paying parent is over 150K?
For parents with an income over 150K, the amount of child support would be the amount calculated in the table and include any additional discretionary amount on the balance of the payer’s income above 150K.
