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Full-Text Articles in Jurisprudence
Spousal Support In Quebec: Resisting The Spousal Support Advisory Guidelines, Jodi Lazare
Spousal Support In Quebec: Resisting The Spousal Support Advisory Guidelines, Jodi Lazare
Articles, Book Chapters, & Popular Press
Since 2005, the Spousal Support Advisory Guidelines have become an essential part of the practice of family law throughout Canada. Aimed at structuring discretionary spousal support determinations under the Divorce Act and increasing the fairness of awards, the Advisory Guidelines have been embraced by appellate courts across jurisdictions. Quebec is the exception to that trend. Despite that marriage and divorce fall under federal jurisdiction, Quebec courts resist the application of these non-binding rules, written by two family law scholars. This article responds to Quebec's resistance to the Advisory Guidelines and suggests that concerns about them may be misplaced. By reviewing …
Myths And Tips On The Support Guidelines, Rollie Thompson, Carol Rogerson
Myths And Tips On The Support Guidelines, Rollie Thompson, Carol Rogerson
Articles, Book Chapters, & Popular Press
The spousal support advisory guidelines have now become part of the standard toolkit of lawyers, mediators and judges across the country. The “final version” of the guidelines was released last July, after extensive feedback and some revisions to the 2005 draft proposal. But “myths” or “misses” have developed around the guidelines, frequently found in the case law — and I offer some tips that can help deal with specific cases.