Acts and Regulations

2020, c.23 - Family Law Act

Section 18
Disposition versions

Full text
Determination of amount of support for a dependant who is not a child
18(1)In determining the amount, if any, of support in an order under subsection 17(1), the Court shall consider all the circumstances of the parties, including
(a) the assets and means of the dependant and of the person from whom support is sought and any benefit or loss of benefit under a pension plan or annuity,
(b) the capacity of the dependant to provide for their own needs,
(c) the capacity of the person from whom support is sought to provide support,
(d) the age and the physical and mental health of the dependant and of the person from whom support is sought,
(e) whether any physical or mental disability or other cause exists that impairs the capacity of the dependant to provide for their own needs,
(f) the length of time the dependant and the person from whom support is sought cohabited,
(g) the needs of the dependant, having regard to the accustomed standard of living while the parties cohabited,
(h) the measures available for the dependant to become financially independent and the length of time and cost involved to enable the dependant to take those measures,
(i) the legal obligation of the person from whom support is sought to provide support for any other person,
(j) the desirability of the dependant or person from whom support is sought remaining at home to care for a child,
(k) any contribution by the dependant to the realization of the career potential of the person from whom support is sought,
(l) the effect on the dependant’s earning capacity of the responsibilities assumed during cohabitation,
(m) whether the dependant has undertaken the care of another dependant who has attained the age of majority and is unable by reason of illness, disability or other cause to withdraw from the charge of the dependant,
(n) whether the dependant has undertaken to assist in the pursuit of reasonable education of another dependant who has attained the age of majority and is unable for that reason to withdraw from the charge of the dependant,
(o) any housekeeping, child care or other domestic service performed by the dependant for the family, in the same way as if the dependant were devoting the time spent in performing that service in remunerative employment and were contributing the earnings from it to the support of the family,
(p) any other legal right of the dependant to support, other than assistance under the Family Income Security Act or any payment made in respect of that person under the Family Services Act, and
(q) the conduct of the parties, if the conduct unreasonably precipitates, prolongs or aggravates the need for support or unreasonably affects the ability to pay support.
18(2)For the purposes of paragraph (1)(i), if the fulfilment by a person of any obligation to support a person under subsection 14(2) would diminish the entitlement of any person who is or was lawfully married to that person, or of any child of that marriage, to support from that person, the Court, in making an order, shall, subject to section 20, give priority to the obligations owed by that person to the person to whom they are or were lawfully married and to any child of that marriage.
Determination of amount of support for a dependant who is not a child
18(1)In determining the amount, if any, of support in an order under subsection 17(1), the Court shall consider all the circumstances of the parties, including
(a) the assets and means of the dependant and of the person from whom support is sought and any benefit or loss of benefit under a pension plan or annuity,
(b) the capacity of the dependant to provide for their own needs,
(c) the capacity of the person from whom support is sought to provide support,
(d) the age and the physical and mental health of the dependant and of the person from whom support is sought,
(e) whether any physical or mental disability or other cause exists that impairs the capacity of the dependant to provide for their own needs,
(f) the length of time the dependant and the person from whom support is sought cohabited,
(g) the needs of the dependant, having regard to the accustomed standard of living while the parties cohabited,
(h) the measures available for the dependant to become financially independent and the length of time and cost involved to enable the dependant to take those measures,
(i) the legal obligation of the person from whom support is sought to provide support for any other person,
(j) the desirability of the dependant or person from whom support is sought remaining at home to care for a child,
(k) any contribution by the dependant to the realization of the career potential of the person from whom support is sought,
(l) the effect on the dependant’s earning capacity of the responsibilities assumed during cohabitation,
(m) whether the dependant has undertaken the care of another dependant who has attained the age of majority and is unable by reason of illness, disability or other cause to withdraw from the charge of the dependant,
(n) whether the dependant has undertaken to assist in the pursuit of reasonable education of another dependant who has attained the age of majority and is unable for that reason to withdraw from the charge of the dependant,
(o) any housekeeping, child care or other domestic service performed by the dependant for the family, in the same way as if the dependant were devoting the time spent in performing that service in remunerative employment and were contributing the earnings from it to the support of the family,
(p) any other legal right of the dependant to support, other than assistance under the Family Income Security Act or any payment made in respect of that person under the Family Services Act, and
(q) the conduct of the parties, if the conduct unreasonably precipitates, prolongs or aggravates the need for support or unreasonably affects the ability to pay support.
18(2)For the purposes of paragraph (1)(i), if the fulfilment by a person of any obligation to support a person under subsection 14(2) would diminish the entitlement of any person who is or was lawfully married to that person, or of any child of that marriage, to support from that person, the Court, in making an order, shall, subject to section 20, give priority to the obligations owed by that person to the person to whom they are or were lawfully married and to any child of that marriage.