March 12, 2021 – The Role of SSAGs in Variations

“What part do the SSAG play in spousal support variation proceedings?  Initially, when the SSAG were introduced, it was thought that they did not apply to spousal support variation proceedings:  see Fisher v. Fisher, 2008 ONCA 11 at para. 96.  However, since then the SSAG have often been used in determining spousal support in variation proceedings; this was sanctioned by Lauers J.A. in Gray v. Gray, 2014 ONCA 659 where the SSAG were applied on variation proceedings, and Lauers J.A. specifically distinguished Fisher from variation proceedings.  See also Slongo v. Slongo, [2017] O.J. No. 4564 (C.A.) at para. 105, a variation case where Janet Simmons J.A. states that the SSAG, “while not binding, should not be lightly departed from.”

It is doubtful that a change in spousal support alone under the SSAG would be a “change in circumstances” within the meaning of s. 17.   However, Fisher and Slongo both confirm that, where the SSAG are applicable, they are presumptive and the court must explain why it is departing from the SSAG where it determines that it is going to do so.  This is a “guidelines driven” age in the determination of support in family law matters and for good reason; to remove uncertainties from the determination of support gives parties consistency and permits the settlement of support issues without resort to the courts.”

         Raaflaub v. Gonosch, 2020 ONSC 1578 (CanLII) at 22-23