Impact of Child Support on Spousal Support

• Date: 27 July 2022
• Author: Julien D. Payne,Marilyn A. Payne

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 

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 15.3 of the Divorce Act provides as follows:

Priority to child support

15.3(1) Where a court is considering an application for a child support order and an applica-

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

the applications.

Reasons

(2) Where, as a result of giving priority to child support, the court is unable to make a

spousal support order or the court makes a spousal support order in an amount that is less than

it otherwise would have been, the court shall record its reasons for having done so.

Consequences of reduction or termination of child support order

(3) Where, as a result of giving priority to child suppor t, a spousal support order was not

made, or the amount of a spousal support order is less than it otherwise would have been, any

subsequent reduction or termination of that child support constitutes a change of circum-

stances for the purposes of applying for a spousal support order, or a variation order in respect

of the spousal support order, as the case may be.1

e priority accorded to child support under section 15.3 also applies to variation pro-

ceedings.2 If spousal support is less than it would otherwise had been as a result of the child

 Maka v Maka,  ONSC .

 See Divorce Act, s(.).