Spousal Support: Where One Parent is the Caretaker of a Disabled Child

Jans v. Jans is a 2013 decision from the Alberta Provincial Court.

Issue

The issue of spousal support arose where a single parent was the sole caregiver to a disabled child.

Facts

The parties started living together in 1989, married in 1991, and then separated in 2010. The wife was a stay-at-home mother for most the marriage and the father was the breadwinner. The youngest child of the marriage had Down Syndrome and lived with the wife. It was clear from the facts of this case that the child would require a significant amount of care from the mother on a continuing basis. The wife worked part time with a yearly income of $25,850 and the husband earned $41,250 per year in seasonal work.

Decision

The wife earned a compensatory claim for spousal support.

Justice P.E. Kvill of the Alberta provincial Court notes that the Spousal Support Advisory Guidelines (commonly known as the SSAG) are not mandatory piece and are only advisory. He finds that the SSAG do not adequately address a situation where one parent is the sole caregiver for a disabled child and therefore, orders that the mother should receive a lump sum of spousal support (equalling slightly more than what would be ordered based on the SSAG).

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