Spousal Support Advisory Guidelines
Spousal Support Advisory Guidelines
  • recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;

  • apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above the obligation apportioned between the spouses pursuant to subsection (8) [i.e. through child support];

  • relieve any economic hardship of the spouses arising from the break-down of the marriage; and

  • in so far as practicable, promote the economic self- sufficiency of each spouse within a reasonable period of time.

  • Legal costs were not included and are the major expense in dealing with divorce and required every time a change is made.

  • The Costs related to supporting children living with the father are not included in the formula.

  • Costs for non-custodial parents (fathers) to maintain relationship with their kids is not included.

  • Costs such as transportation and other expenses for fathers to earn monies to pay support in the first place are not included.

Conclusion:

Again, I urge you to instruct your department to withdraw the draft proposal SSAG as soon as possible. I support the concept of normative spousal support guidelines, but not in the form presented in this proposal.

I believe that it was Lord Hewart who said, and I am paraphrasing of course, that justice must not only be done, it must be seen to be done. Under the SSAG, the determination of spousal support will become an opaque computer calculation incapable of interpretation or rational explanation. This is not Justice.

This blog post includes an excerpt from the 2006 book Courts From Hell by Frank Simons

Frank Simons Courts From Hell