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Family Law
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When a child primarily resides with one parent, the other parent is required to contribute financially to support the child’s care. Both parents have a legal obligation to provide for their child based on their ability to pay, regardless of whether the child is biological, adopted, or born within or outside of marriage.
Every child is entitled to fair maintenance covering essential needs such as clothing, housing, education, medical care, and recreational activities. The term “reasonable” maintenance is based on the family’s standard of living and other relevant factors.
To establish a maintenance claim, you first need to assess the child’s reasonable needs. Typically, the child’s portion of shared household expenses is calculated by dividing the expenses among the children and adults in the household. For example, if one parent and three children live together, each child would be responsible for 20% of the common household expenses, while the parent would cover the remaining 40%.
Based on the calculated share of expenses and each parent’s financial capacity, the contribution required from each parent is determined. The general formula used is:
Parent A’s Contribution = (Parent A’s Income / Total Combined Income) × Total Monthly Maintenance Needs
Parent B’s Contribution = (Parent B’s Income / Total Combined Income) × Total Monthly Maintenance Needs
Maintenance Applications:
When seeking maintenance, applications must be submitted to the Maintenance Court in the area where the child for whom maintenance is requested resides.
There are several types of maintenance applications, including:
Application for Maintenance
If you are a single parent and the other parent is not paying or is insufficiently contributing to your child’s maintenance, and there is no existing maintenance order, you may file an application for maintenance with the Maintenance Court using the prescribed form. Download the form here.
Application for an Increase in Maintenance
If there is already a maintenance order in place, either from the Maintenance Court or from a divorce decree, but it no longer meets your child’s needs, you can apply for an increase in maintenance with the Maintenance Court using the prescribed form. Download the form here.
Application for a Decrease in Maintenance
If you have an existing maintenance order but the amount you are required to pay exceeds your monthly income or your financial situation has changed, making it difficult to meet the current order, you may request a decrease in maintenance. This application, submitted with the prescribed form, requires you to demonstrate a significant change in circumstances affecting your financial situation. Download the form here.
Application for Discharge of Maintenance Order
If you can no longer afford to comply with an existing maintenance order due to a significant reduction in your income or job loss, you may apply for the discharge of the maintenance order with the prescribed form. This application requires proof of your changed financial circumstances.
Maintenance issues are also addressed in divorce proceedings and may be included in a settlement agreement if the parties reach a resolution. If the parties do not settle, the divorce court will make a maintenance order based on the evidence presented during the trial.
We are dedicated to ensuring your children receive the financial support they deserve.
Spousal Maintenance:
Spousal maintenance may be granted if one spouse lacks the means to meet their reasonable needs. Factors considered in determining spousal maintenance include the duration of the marriage, the age of the parties, the standard of living during the marriage, and the time required for a spouse to gain the skills necessary for employment.
When the court makes a spousal maintenance order, it takes into account:
- The existing or potential means of each party
- Each party’s earning capacity
- Financial needs and obligations of both parties
- Ages of the parties
- Duration of the marriage
- Standard of living established during the marriage
- Conduct of the parties related to the breakdown of the marriage
- Any other relevant factors the court deems important
The duty to pay spousal maintenance is outlined in Section 7 of the Divorce Act, which specifies two pathways:
- Section 7(1): If there is a written agreement between the parties, the court can order maintenance according to that agreement when granting the divorce.
- Section 7(2): If there is no written agreement, the court may issue a maintenance order based on what it considers fair, considering the factors mentioned above. The court will determine whether maintenance should be paid, the amount, and the duration of payments.
It is important to note that spousal maintenance is not automatically granted upon divorce. The requesting party must prove their entitlement to maintenance, as the Act uses the term “may,” indicating that the court has discretion in awarding post-divorce maintenance.
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