Question
Discuss factors the court will consider under the Divorce Act and the principles the court will consider under the Divorce Act in determining whether spousal
Discussfactorsthe court will consider under theDivorce Actand theprinciplesthe court will consider under theDivorce Actin determiningwhether spousal support is appropriateand,if so in what amount. Calculate the spousal support.
Direct references/examples from the facts as stated above is required in your discussion.
Patrick had initially been involved in pastoral work in Ontario. He came to Saskatchewan for RCMP training in the fall of 2014. This was the culmination of five years of trying to gain admission to the RCMP program. In anticipation of joining Patrick in Saskatchewan, Elaine sold the family home in December of 2014 and had the family's personal possessions placed into storage. She and the children moved in with Patrick's parents in Ontario. The family visited Patrick in Regina for his graduation in April of 2015. Elaine felt that Patrick acted cold at that time and was distant on that occasion. Patrick was subsequently posted to Wadena for his first assignment. Patrick and Elaine had planned for her and the children to move to Saskatchewan when they finished the school year in Ontario in June of 2015.
Elaine came to Saskatchewan alone in May of 2015. The happenings surrounding that visit are the source of some controversy and are not entirely agreed upon. Elaine says that she had planned to visit Patrick. and told him about it. She says Patrick's reaction was initially to try to prevent it. Elaine says Patrick. said he did not love her anymore and wanted to end the marriage. Elaine said that she came anyhow and she saw a change in Patrick's resolve once she was here. Elaine says that by the conclusion of the visit Patrick. said he wanted to try to make the marriage work.
Patrick says the trip was not discussed in advance. His version is that Elaine showed up at the airport unannounced. He says he communicated to her that he needed space in order to figure things out. Elaine and the children came to Saskatchewan on July 1, 2015 as had been planned sometime previously. Patrick's dad advised Patrick by text message they were coming. At this point Patrick says he was intent on not going back into the relationship and told Elaine this via voice mail while she was in flight. Patrick did ultimately come to the Regina airport to pick Elaine and the children up although that was not how he wanted things to go. He expressed this to Elaine at the airport. Patrick arranged for a hotel in Regina for Elaine and the children to stay at. He advised the children he wanted the marriage to be over. Elaine and the children stayed in Regina and now live here. She rents a small bungalow with three bedrooms and one bathroom on the main floor and a suite downstairs. She pays $1,400 per month to rent the house. Elaine has found work in Regina and the children seem content to remain here. James, one of the children is planning on attending University of Regina in the fall of 2018. Patrick is presently posted with the RCMP at Gravelbourg and has re-partnered there.
Elaine's financial statement is quite modest. She shows a total family expense of $62,905. When compared with her employment income, there is a $20,916 shortfall. When child support payments and the child tax credit are added, she has a $12,440 surplus.
Patrick's financial statement reveals $111,946.78 in expenditures. His surplus is $21,460.22.
In the application for spousal support. Patrick says due to the history of low income in the family, at least prior to his becoming an RCMP officer, their standard of living was very low. In addition, when all of the sources of funding Elaine has access to are calculated, she has a surplus of $12,000 per annum. Thus, he says, Elaine does not qualify for spousal support. If she does, it should be at the very low end of the range.
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