Spousal Support Advisory Guidelines: The Revised User's Guide

14 Crossovers Between Formulas When Child Support Ends (SSAG 14.5)

When child support ends, if there is a continuing entitlement to spousal support, it will be necessary to cross over from the with child support formula to the without child support formula. Crossovers will typically involve medium length and long marriages with children. In these cases there would have been dependent children at the time of separation and hence spousal support would have initially been determined under the with child support formula. After child support has been terminated, these cases may be brought under the without child support formula on an application for review or variation. In some cases the crossover, involving the application of two different formulas, may be relevant in the calculation of retroactive support.

We are now seeing increasing numbers of crossover cases—no surprise given the length of time the SSAG have been in use—and these cases will only become more common in future.

For good examples of cases where the crossover between formulas has been explicitly recognized and discussed see Gray v. Gray, 2014 ONCA 659; Holman v. Holman, 2015 ONCA 552; Domingues v. Domingues, 2013 ONSC 1639; Abernethy v. Peacock, 2012 ONCJ 145 affirmed on appeal [2013] O.J. No. 1768 (S.C.J.); Purgavie v. Purgavie, 2012 ONSC 2268, Maber v. Maber, 2012 NBQB 337; Hamden v. Hamden, 2012 NBQB 331; and Beck v. Beck, 2012 NLTD(F) 34.

Crossover cases may require a redetermination of amount, or a determination of duration, or both. The two formulas are driven by different underlying factors, even though they overlap considerably in longer marriages.