Do I Have To Pay Spousal Support?
Unlike child support, spousal support is not automatically payable following a separation. While child support normally becomes payable following a separation based on such things as the income of the parties, the parenting time or access schedule in place, and the location of the payor parent, spousal support can be more difficult to determine.
Spousal support is often based on the characteristics of your past relationship:
- What are the incomes of the parties?
- How long was the relationship?
- Are the children of the relationship?
- How old were the parties at the time of separation?
- Do the parties have assets?
- Was either party a stay at home parent?
- Does either party have health concerns?
The court will not automatically award spousal support following the breakdown of a relationship. The onus is on the party seeking spousal support to prove that they are entitled to receive support. If the party is the successful improving entitlement, the court must then determine how much support is paid and for how long.
Entitlement to spousal support and the calculation of spousal support involve many factors that are unique to each case. There are also Time limitations which apply to an application for spousal support based on whether you were in a common-law relationship or whether you were married.
If you are either seeking spousal support or are being asked to pay spousal support and have questions about your rights, please contact us to see how we can help; your first consultation is free.
Toll-Free: 1-877-860-7575
Can I Appeal My Criminal Conviction?
If you have been convicted of a criminal offence, you have the right to appeal that conviction. However, the purpose of an appeal is not to retry your case. The Court of Appeal can only set aside your conviction based on one of the following grounds:
- The verdict was unreasonable and could not be supported by the evidence;
- The judge made an error of law;
- There was a miscarriage of justice.
There are essential timelines that must be followed if you wish to appeal your conviction: you must file your appeal within 30 days from the date of your sentence. Although you may ask the Court of Appeal to allow you an extension of the 30-day time limit, it is strongly recommended to file your appeal within 30 days of your sentence as there is no guarantee an appeal court will grant you an extension.
Appealing a conviction is a difficult process. However, having a criminal record can drastically impact your life. If you have been convicted of an offence and wish to appeal the conviction.
Contact us to see how we can help; your first consultation is free.
Toll-Free: 1-877-860-7575