Impact of child support on spousal support

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 369-374

369

CHAPTER 8

IMPACT OF CHILD SUPPORT

ONSPOUSALSUPPORT

A. PRIORITY OF CHILD SUPPORT OVER SPOUSAL SUPPORT;

EFFECTOF CHILD SUPPORT ORDER ON ASSESSMENT OF

SPOUSALSUPPORT

Section . of the Divorce Act provides as follows:

Priority to child s upport

. () Where a court is considering an application for a child support order and an

application for a spousal support order, the court shall give priority to child support in

determin ing the applications.

Reasons

. () Where, as a result of giving priorit y to child support, the court is u nable to make

a spousal support order or the cou rt makes a spousal support order in an a mount that is less

than it otherw ise would have been, the court shall record it s reasons for having done so.

Consequences of re duction or termination of child support orde r

. () Where, as a result of giving priority to child support, a spousal support order

was not made, or the amount of a spousa l support order is less than it otherw ise would have

been, any subsequent reduction or term ination of that child support const itutes a change of

circumsta nces for the purposes of applying for a spousa l support order, or a variation order

in respect of the spous al support order, as the case may be.

Section . of the Divorce Act addresses the situation where the application for child

support and the application for spousal support involve members of the same family. It does

not establis h priorities as bet ween sequential fa milies. For example, a former divorced wife’s

order for spousal support will not be subject to a statutor y priority in favour of the obligor’s

 Abernethy v. Peacock,  ONSC  .

 Hilborn v. Hilborn, [] O.J. No.  (S.C.J.).