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Family Law

  • What are the Child Support Guidelines?

    The Child Support Guidelines were introduced in March of 1996 by the Canadian Government as one method of ensuring that family support obligations were respected. The Guidelines consist of a set of ru...

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  • What is interim child support?

    ?Interim child support? means an order for support that last only until the court makes a final order. The intention is to sustain the recipient party until the final hearing, and does not provide for...

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  • Can we make our own arrangements for child support?

    Parties are free to enter into their own agreements for child support payments, but it is advisable to have a lawyer look over any agreements to ensure that both parties are being treated fairly. A la...

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  • How are child support orders enforced?

    In Ontario, all orders for child or spousal support are registered with the Family Responsibility Office. All payments are made to the Office, which then send the payment to the recipient. Defaults ar...

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  • Is there a connection between child support payments and spousal support payments?

    There is no direct connection. These are two separate calculations, two separate payments and two separate obligations, and the quantum of child versus spousal support is often a point of strong negot...

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  • Who is a "spouse"?

    Under the Divorce Act, only someone who is married and part of a divorce proceeding is eligible to obtain an order for support, or any other relief. As well, the two spouses must be of opposite sexes....

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  • Are spousal support payments taxable?

    Yes, every person who receives spousal support after separation must include that as part of his or her income if it is paid on a periodic basis pursuant to the terms of a court order or written agree...

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  • How do I enforce a spousal support payment?

    Like enforcement of child support, in Ontario all orders for support are registered with the Family Support Plan. Payments must be made to the Plan which then sends the payment to the recipient. Defau...

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  • Will a bankruptcy affect spousal support payments?

    No, support payments are not affected by a bankruptcy. They remain in full force and effect....

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  • Who has custody of the children?

    To begin with, both parents have custody of the children. This is not an issue until one of the parents, or some other person, wants to remove custody from the other parent or from both of the parents...

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  • Who can ask for custody?

    Under both the Divorce Act and the OntarioChildren's Law Reform Act either parent or any other person may apply to the court for an order respecting custody of, or access to, a child. This allows gran...

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  • What is "interim custody"?

    An interim custody order is a short term custody order that has effect until the final order is made. It is usually sought by one parent right after separation so that the person with the children wil...

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  • What principles apply to custody?

    The over-riding principle is the ?best interests of the child.? The courts are concerned with what is best for the child and not what is best for, or most convenient for, the parents. The past conduct...

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  • What rights does the person with custody have?

    Under the Children?s Law Reform Act, the person with custody has the rights and responsibilities of a parent in respect of the child, and must exercise those rights and responsibilities in the best in...

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  • What is "joint custody"?

    Joint custody is an arrangement that leaves each parent with exactly the same rights of custody as they had before they separated. This only works where the parents can get along with each other and w...

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