Divorce in Saskatchewan

Custody, Parenting & Child Support

Child Support in Saskatchewan

Under the Divorce Act, and Family Maintenance Act, each parent has a responsibility to support their children. Child support is the legal right of the child

Child support calculations are partially based on your parenting arrangements. The parent who the child/children lives with the majority of the time is entitled to receive an amount of child support from the other parent. Each party may also be required to contribute to the child/children’s extraordinary expenses.

What are the child support guidelines in Saskatchewan?

Child support in Saskatchewan is based on theFederal Child Support Guidelines. These guidelines follow set rules that the courts use to set child support amounts.

The amounts in the guidelines are based on how much the payer earns, how many children the payer is paying to support. Each province in Canada has its own payment calculation.This is the table for support in Saskatchewan.

How do you calculate child support in Saskatchewan?

Use the Child Support Online Lookup to calculate the amount of child support to be paid monthly. For a quick calculation try the child support calculator.

What is the age of Majority in Saskatchewan?

The age of majority in Saskatchewan is 18 years of age.

Spousal Support

Spousal Support in Saskatchewan

Spousal Support in Saskatchewan is either agreed upon by the parties or determined by the judge in a contested hearing.

How do I figure out the amount of support to be paid?

There is no set calculation for spousal support like there is for child support. However, the Spousal Support Advisory Guidelines can assist spouses to figure out the amount of spousal support that should be paid.

MySupportCalculator.ca is also a website with a support calculator and can provide an estimated dollar amount that can be adjusted based on the parties circumstances. Spousal Support calculations can be complicated and the assistance of an objective third party, such as a mediator, can be useful in helping you to determining an appropriate amount. The following factors may be considered parties are working to come to an agreement on spousal support:

• Length of marriage
• Standard of living prior to divorce
• Ability for both parties to get employment
• Retraining in the workforce
• Disabilities and other factors
• Child support obligations
• Role each party took in the relationship

Can I enforce the spousal support agreement in Saskatchewan?

Once an agreement is received for spousal support, parties can enroll with the Maintenance Enforcement Office (MEO).

The Office, which serves the entire province, is located in Regina.

The Office will:

• Register support orders and agreements
• Record and monitors payments
• Take enforcement action when the required payments are missed or late.

Saskatchewan claimants (persons receiving support) and respondents (persons required to pay support) can both register their support order or agreement with the Office.

Property/Financial

Property Division in Saskatchewan

• Married couples
• Couples who have lived together in a common-law relationship for at least two years or have children together

How is family property and family debt divided in Saskatchewan?

In a divorce or family application of an unmarried couple who fall under the jurisdiction of the Family Property Act, the personal property (vehicles, retirement accounts, furniture, businesses, etc.) owned by the parties is divided. Most provinces try to achieve an equal split of the property. While not explicitly mentioned in the legislation, if there is also debt of the marriage or relationship, that debt is also often divided.

Divorce Mediation and Resolution

Divorce mediation is a speedier and less costly way to dissolve a marriage than going through the courts. A family dispute resolution process such as mediation, arbitration, or collaborative law is mandated by the Divorce Act. With the help of a neutral third party such as Fairway, you and your partner will sit down together or perhaps apart to figure out an agreement encompassing all aspects of your divorce, from property division and spousal support to child decision making responsibilities. There are two types of divorce mediation, open and closed. Open mediation may be disclosed, while closed mediation is strictly confidential. Most family mediations are closed.

Divorce resolution through mediation requires teamwork. The mediator acts as a facilitator and guide, keeping the conversation moving forward and ensuring that all topics are covered. However, he or she will not provide legal advice. Therefore, it is best for both parties to seek legal advice from an independent lawyer before signing any final binding agreement.

Successful divorce mediation results in a non-binding, written agreement that will be drafted into a binding separation agreement which may be filed with the court. Enforcement may be sought in exactly the same way as a court order.

Divorce mediation can be challenging, as cooperation is essential. Through our proprietary process, though, which involves multiple professionals, we have helped many very contentious couples and financially complex families negotiate a fair and equitable settlement. Whenever possible, divorce resolution through mediation should be attempted, as it is much faster and less expensive than a court battle.

Laws

Federal

Federal Divorce Act

Deals with divorce, as well as claims for child and spousal support, and custody and access, in divorce cases. Federal Divorce Act

Provincial

Division of family property

The Family Property Act

Custody, access and paternity applications

The Children’s Law Act, 2020

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