Common Law Spousal Support

In relation to arranging spousal support:

A. did the two of you cohabit continuously for not less than three years?

B. are you parents of a child?

If no to both questions then you are not legally obligated to arrange spousal support. If yes to one of those questions then it is in your best interests to consult with legal representation and determine whether to pursue the issue of spousal support.

There is some case law relating to effective and formal notice as to when your spousal support obligations commence, however that law should not be relied on as saving you from liability.

As to child care, I believe you mean child support. A parent, whether step-parent or biological, has child support obligations based on his or her gross income and pursuant to the Tables in the Child Support Guidelines, and those obligations arise on separation. It is best not to fall behind in child support payments because otherwise you will be owing arrears.

Instead of looking at it as dealing with child support in the future, perhaps there are financial arrangements in lieu of child support payments to be made that are in the child(ren)'s best interests. Otherwise, you should speak with legal representation to ensure you understand the possible arrears which could accumulate. The Child Support Guidelines must be followed.

Similarly, with spousal support perhaps there are financial arrangements to be made in lieu of spousal payments at the present time and until you address it in the future. Otherwise, if you are silent on spousal support then you run the risk of having an obligation for retroactive payments. The Spousal Support Advisory Guidelines are advisory only.