Support may be paid in kind and may consist of payment toward the LODGINGS occupied by the recipient. Where a pecuniary benefit results from an obligation to provide support, it is assessed and included as a resource for the person receiving it, since it represents the support the person must be paid. If a judgment does not specify on what grounds such payments are made, they are not considered to be made as support, as in the case of a judgment where it specifies that no support will be paid.
- Where a person lives in a house BELONGING to his or her FORMER SPOUSE and the former spouse makes the PAYMENTS for this RESIDENCE pursuant to a judgment or a written agreement, the payments made by the debtor are included as support, to a maximum of $305 per month, effective January 1, 1993.
- Where a creditor resides in a house owned solely by him/her and the former spouse makes the payments for this residence pursuant to a judgment or a written agreement between the parties, the payments made by the debtor are included in whole as support.
- Where the former spouses are CO-OWNERS of the residence in which the creditor (recipient) lives, the $305 maximum applies if the JUDGMENT or written agreement provides that the debtor is to pay, as support, the total amount of payments for the residence or the portion of the payments for which the debtor is personally liable in respect of his or her ownership share. Where the judgment does not specify that the payment for the residence is made as support, no pecuniary benefit will be included as the parties perform their obligations as borrowers.
- Where a creditor is a tenant in a building that does not belong to the former spouse who assumes the payment of the rent pursuant to a judgment or written agreement, the payment made by the debtor is included in whole as support. However, where the judgment specifies that no support will be payable, the payment of the rent is included in whole as a pecuniary benefit.
RIGHT OF HABITATION
A judgment may grant a RIGHT OF HABITATION and specify that the right is not granted as support or as a compensatory allowance. If the judgment fixes the value of this right, the value it fixes will be used without however including an amount exceeding $305/month as a pecuniary benefit.
The same goes where a judgment specifies that the right of habitation is granted to honour a compensatory allowance.
When the judgment does not fix the value of the right of habitation, the rental value of the immoveable will be used as a basis and when the creditor pays the amounts in compensation of this right, they will be deducted from the rental value. Also, the pecuniary benefit to be included will not exceed $305/month.
Also, the pecuniary benefit to be included will not exceed $305/month.
EXCLUDED INCOME FROM SUPPORT PAYMENTS
Effective January 1, 2006, a maximum of $100/month is excluded from income from support payments for a recipient family with a dependent child who was under the age of 5 last September 30, even if the support payment is in the form of payments for the residence where the child lives.
Example
A family has a child; a divorce decree provides that the family will live in the house belonging to the support debtor ex-spouse who will make mortgage payments of $400/month by way of support payments.
The income taken into account will be $205/month because the $100 exclusion from income from support payments reduces the support payments taken into account ($305 - $100 = $205).
Where the payments of the residence are considered as support, the maximum amount of $305 to be included cover the total of the following amounts:
- hypothecary payments pertaining to the residence (principal and interest);
- insurance premiums; and
- electrical and heating bills.
OTHER DISBURSEMENTS, such as telephone and cable bills, are included as regular support and are not included in the calculation of payments toward the residence.
The MAXIMUM AMOUNT that may be included in respect of payments toward a residence was:
$305 as of January 1, 1993
$299 as of January 1, 1992
$286 as of January 1, 1991
$273 as of August 1, 1990
$260 as of August 1, 1985
$150 before August 1, 1985