Spousal Support Advisory Guidelines Have Arrived! Now with CHEQUEmate Spousal Guidelines Calculator a new software module which is part of DIVORCEmate Tools+ 2005, a software package which all specialty family law lawyers in Ontario use, spousal support for; with children or without children scenarios can be easily and rapidly calculated. A skilled family law practitioner is still essential to determine entitlement to spousal support and to input the correct data into the software but you will now have a consistent result at your first interview with your solicitor. The Judge and solicitors on both sides of the case will now start on the "same page" when determining the quantum of spousal support and negotiate from there, if necessary. The Spousal Support Advisory Guidelines (SSAG) are not mandatory as are the Child Support Guidelines and do not change the law as it has developed for determining spousal support which is really negotiating income-sharing between separating couples. What the Guidelines (SSAG) do, is apply various complicated formulas to the data that is provided to arrive at three conclusions, low, medium and high which are in accord with the statute and case law as it has developed to this day and provide the answer in minutes. The figures are not markedly different than those the writer has achieved over the years when resolving spousal support but certainly, much easier, far less time consuming and not challenged by opposing counsel or the Judges. The family law bench which has been struggling to provide clients with quick advice in the absence of clear statutory provisions or unambiguous case law can now give reliable advice right on the telephone while doing the calculation on their desktop computers. The writer has taken this one step further by using a laptop in court to provide the Judge and fellow counsel with "instant" calculations as the evidence provided gives different data than that which was provided "outside" of the court room. The Guidelines (SSAG), not having been made mandatory, will continue to develop with input from the bench and bar and the promise by the software provider to update automatically over the Web, should that be necessary. Revolutionary hardly describes this tool for calculating predictable outcomes, settling bitter disagreements and even allowing low-income people who have tended to waive support rights out of fear of gambling on costly and ultimately uncertain legal battles to seek and obtain spousal support. The draft paper for the Guidelines (SSAG) is the work of professors Rollie Thompson of Dalhousie University and Carol Rogerson of the University of Toronto, two distinguished family-law scholars recruited by the Department of Justice to come up with formulas for use by lawyers in settling cases before they come to court. The final document, is measured in inches but the executive summary which I can provide to you, accurately and clearly sets out the theory and formulas arrived at, through the project. It is such a complicated project that the authors point out that only with specialty computer software can the formulas be run and the spousal support calculations be achieved. The most influential factors in the formulas are the length of a marriage and the presence or absence of dependent children. For marriages with children, post-separation child care responsibilities take on greater importance. I am convinced that the Guidelines (SSAG) will become entrenched as a starting point in all negotiations and court applications and only in very unusual circumstances will the number arrived at for spousal support be different from the Guideline (SSAG) number. For example where one party has been left with unusually large expenses to take care of an elderly parent or disabled child or the payor is a self-employed person. There are often very legitimate disputes over how much personal "income" is represented by such grey areas as company car allowances. Still, it's anticipated the Guidelines (SSAG) will lead to greater equity and certainty in the large majority of cases where income is clear. Now when there is a clear discrepancy between court rulings in different jurisdictions, with judges in one district arriving at an award inconsistent with those handed down in other districts there will be easily determinable reasons for the discrepancy. Gone finally, will be those lawyers who prefer to battle in court than resolve litigation as clarity of outcome will curb such practice. The Guidelines (SSAG) are wholly in accord with my mission statement to resolve your case now even more satisfactorily with greater assurance as to the correctness of the settlement in a very quick and efficient manner. Call me to meet and discuss your case as planning and knowledge of the exact numbers will give you the most satisfactory result. An hour now can and will now save you thousands of dollars later. The Guidelines were a very complicated project which I can help you navigate but should you so wish you may access the Guidelines themselves by clicking here.
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