Child support, spousal support and the turn to guidelines

Authored by: Carol Rogerson

Routledge Handbook of Family Law and Policy

Print publication date:  May  2014
Online publication date:  May  2014

Print ISBN: 9780415640404
eBook ISBN: 9780203796221
Adobe ISBN: 9781134447534

10.4324/9780203796221.ch2_7

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Abstract

In Chapter 2.6, Miles and Scherpe introduced the policy challenges facing western jurisdictions, in the wake of the no fault divorce revolution, of how to best deal with the financial consequences of matrimonial breakdown. The challenges were described as both substantive and procedural in nature. That chapter dealt with the financial obligations that arise between spouses, specifically the remedies of sharing of property and spousal support and their interrelationship. It referred to the use of ‘guidelines’ based on mathematical formulas as one methodological route to ‘fair outcomes’ in the case of spousal support. One of the purposes of this chapter is to provide a more detailed look at the concept behind and practical development of such guidelines. The primary focus will be on Canada as its Spousal Support Advisory Guidelines 1 are regarded as a pioneering project, at least in the common law world.

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