How is child and spousal support determined?
Alberta, Canada
The following excerpt is from Y.(A.L.) v. Y.(L.M.), 2001 ABQB 311 (CanLII):
Madam Justice Wilson explained in Richardson v. Richardson, 1987 CanLII 58 (SCC), [1987] 1 S.C.R. 857 at pp. 869, 870: The legal basis of child maintenance is the parents’ mutual obligation to support their children according to their need. That obligation should be borne by the parents in proportion to their respective incomes and ability to pay [...] Child maintenance, like access, is the right of the child. [...]The obligation to provide spousal support arises from different bases and therefore has different characteristics. [...T]he courts in making an award of spousal maintenance are required to analyze the pattern of financial interdependence generated by each marriage relationship and devise a support order that minimizes as far as possible the economic consequences of the relationship’s dissolution.
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