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Mystery of Spousal Support
Common myths when it comes to spousal support

October 17, 2020 by Vanessa Tynes-Jass - Senior Family Law Lawyer

When people come into my office to share their stories regarding the breakdown of their marriages, I am constantly reminded that most people are simply unaware of what circumstances cause spousal support to come into play during their separation. In addition to this, some lawyers advise clients incorrectly because they rely on spousal support calculators to pass on to their clients as "legal advice" on the length and amount of spousal support. I will highlight a few myths that are floating around with respect to spousal support:

1. Being married for a long time means that spousal support is payable for "life" - While a marriage that is classified as. a long marriage (15+ years), it does not necessarily mean that spousal support would be for the recipient's entire life. If the circumstances warrant long term spousal support, there are many other circumstances that change the amount of and length of support. The age of the parties, their professions, their role in their marriage, and their earning capacity, even at a minimum wage job, are all things that must be considered to determine spousal support.

2. If I have shared parenting there will not be any spousal support - It is commendable when parents put their differences aside and enter into a shared parenting agreement where the children share their time equally between the separated households. While this situation may lower child support payable significantly, it does not do the same for spousal support. When shared parenting exists, then spousal support is usually increased for the gap in income between the parties. For Example, if someone is required to pay $2000 in child support and nothing in spousal support because priority is given for child support as a result of a primary care parenting arrangement, there may not be any funds left for spousal support. If the parties decided to enter into shared parenting, then the child support may be reduced to $750 and spousal support increased to $1250 to equalize the parties' incomes.

3. You only have to pay spousal support if you are married - While the Divorce Act regulates spousal support for married couples, the Family Law Act regulates spousal support for unmarried couples. The principles are almost the same as outlined in Divorce cases. It is always smart to have a cohabitation agreement before you move in with someone long term that will define the spousal support obligations after a breakup.

4. Once you sign your agreement or get a court order, spousal support never changes - Spousal support is something that can be changed by a number of circumstances. Income levels are monitored each year and either party can make an application to change the support if they feel like it is warranted. Other circumstances like, education, remarriages, new common law relationships or roommates that provide a financial contribution to the household are all taken into consideration. Only when the parties sign a full release and waiver of future spousal support obligations are they set in stone.

Spousal support is not mandated like the child support guidelines. The spousal support advisory guidelines and calculators are tools that allow lawyers and the courts to properly calculate the Net disposable income of the parties, IF the parties have passed the test for entitlement first. Then they court determines the length of support based on several factors that are very case specific, and no two cases are exact. The caselaw usually aids Judges in making these decisions. As with any case, the parties have the best chance to negotiate something that is in their own best interests if they can.

If you have any questions about family law in general, or custody, access, parenting, divorce, and surrounding issues, please reach out to us on our contact form or by telephone at 705-637-0990. With almost 20 years of specialized experience in Family Law, we would be happy to set up a consult with you.

vanessa@kirlawgroup.com

705-637-0990

Proud to be "different".

April 7, 2019 - by Vanessa Tynes-Jass

I will not do it. I just cannot.

I am writing about how I see the injustice in today's family law practice. I notice all too often lawyers forcing matters into Family court when it is simply not needed or warranted. I am not writing to advocate for mediation or arbitration, that is for another article. I am acknowledging that access to real justice is almost impossible for the general public because of the costs for a reputable and competent family law lawyer. Yes, I too am a family lawyer, and I do profit from having family law clients, however I did not start a family law practice to get "rich" from family law clients. There are plenty of lawyers in this town, and it is hard to find a great one without a word of mouth referral. I can only speak to what my firm stands for.

In an age where legal fees for family matters are as high as $700,000 for a divorce proceeding that has lasted years in litigation, where most work is automated, and most lawyers are up to date on legal tech use in their offices, there is simply no need for exorbitant legal fees to be taxed onto families that are separating their families. There are many ways to cost cut on family matters.

These are some things that I can pledge to any of my family law clients:

I will not provide advice to you that would likely end you up in a court hearing, unless it is required.
I will never purposefully fuel acrimony with the opposing counsel in an effort to boost my time on your file.
I will take any precautions on your file to save you legal fees and disbursements and communicate fully all options available to you before making any financial choice.
I will advise you when I believe you are exposing yourself to a costs award against you.
I will do my best to use alternative dispute measures, offered by the court, to ensure judicial input on settlement agreements to help end your case quickly, fairly, and as inexpensive as possible.
I will use my experience to guide you in all matters related to your separation and divorce, including my real estate law experience, business experience, and common sense.

My hope is that people are obtaining access to justice and they are able to bring their family matter to a quick and reasonable conclusion without breaking the bank.

vanessa@kirlawgroup.com

416-549-8018

Why Can't We All Just Get Along?

March 8, 2019 by Vanessa Tynes-Jass

Being a recent import to the Ontario Bar from Nova Scotia, one of the most substantial changes and challenges that I have encountered is the lack of civility between legal colleagues. On a daily basis, I am astounded by the lack of professional courtesy between lawyers.

In Nova Scotia, one thing we pride ourselves on is professional courtesy and civility. We can fight hard in court, and still see each other at a function outside of court and not have any awkwardness.

Here are 5 tips to ensure that you are not caught in the slippery slope of incivility.

There are rules about this! When we are in everyday practice, we sometimes forget about the Rules of Professional Conduct, and they specifically state that lawyers have a duty to behave in a courteous, professional, and civil manner when dealing with other lawyers, staff, and other professionals while carrying out the administration of justice. (Rule 7.2 – Rules of Professional Conduct). Communicating or conducting sharp practice are all valid complaints and could lead to sanctions as per the Rules.

Do not get emotionally involved in your cases. It is one thing to personally invest in your client’s position, their case, their story. It is completely another thing to be emotionally involved. When you are emotionally involved it is much easier to take the opposition’s remarks, strategy, and correspondence personally. It is very easy to respond quickly with an emotion-filled response letter to that lawyer. This actually hinders your client’s position than help it because it reveals to the other side where your client’s personal motivators are in the file. Any future negotiation will be marred with this letter that was sent when you were emotionally revved up. If you receive an awful letter, read it, set it aside for a day or so, think about their legal strategy and perspective, then respond in a calm professional, and polite manner.

You get what you give. If every one of your letters, emails or phone calls are heated, snarky, litigious, and all deserve solicitor-client costs, then you will receive the exact same manner of communication from opposing counsel. Not every request on behalf of your client requires a Motion or costs. Sometimes it may be easier and less litigious if you pick up the phone and find out why there is a delay. Maybe the lawyer is on vacation or short staffed. Maybe someone got married in the family and someone was not able to get to your request based on your timelines.

Your clients do not need “that” lawyer. When you have a consultation with a new client, I would be surprised if the client said, “I’ll pay extra if you are awful to the other lawyer!”. Most clients hire a lawyer because they are in a situation that requires your expertise, knowledge, and problem-solving skills to get them out of that situation.

When lawyers use sharp practice and rude correspondence and communication, it forces the other lawyer to step back and take more time to respond to that lawyer because quite simply, they do not want to deal with that person. This translates into a delay and lost money for the client. Also, when lawyers do not get along on a file, there is less chance for negotiations, and using alternative dispute resolution because the lawyer’s perspective is warped from the bad relations that they are having with opposing counsel. This also translates into a more lengthy and litigious process for the client. It is a disservice to the client to pay money for this.

Don’t change! Do not participate into the whirlwind of rudeness and lack of professionalism within the Bar. Being a lawyer remains a prestigious and respected professions in today’s society, and damaging the profession with a reputation of adversaries for hire does not provide any benefit to the practice or the profession. Stand your ground and lead by example in your own practice.

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