How is child support determined? 

In Ontario, the amount of child support you are required to pay is based on a formula. This formula is based on a few variables such as the income of each parent, the number of children, living arrangements with both parents, and so on. Aside from that, you may be required to pay additional extraordinary expenses not covered by the formula (which we will review later on). When handled correctly, child support arrangements are quite straightforward. However, they can be complicated due to certain variables such as undisclosed income, financial hardship, and custody arrangements. Because of this, it is best to work with a family lawyer with experience working with child support cases to ensure you fully understand your legal rights and obligations.

Child Support Guidelines (CSG) and additional expenses

The base amount of child support is calculated using the CSG, or Child Support Guidelines. To determine the amount of support, the guidelines will consider the parents’ income, the number of children, and the province in which they live. When reviewing your income, the CSG requires your gross income, not your net income. Your gross income is what you make before taxes or deductions are taken out.

You may also have to pay certain expenses in addition to the base amount determined by the formula. These are known as extraordinary expenses and usually, each parent contributes to these expenses in proportion to their income. These expenses may include:

• Medical and dental insurance for the child
• Health-related expenses such as therapy, prescription drugs, and so on.
• The cost of school or educational programs
• Expenses for post-secondary education
• Expenses for the child’s extracurricular activities such as sports or art classes

Once a child support agreement is made, it is not set in stone. As we are all well aware, our finances can change very quickly. If, for example, you lose your job, you and your spouse can make changes to the initial agreement if you both agree to the changes. However, if you and your spouse do not agree on the changes, a judge will need to determine whether or not to vary the order.

What is covered by child support?

The main purpose of child support is to help with the living expenses of the child. This includes necessities such as food, diapers, school supplies, personal care items, clothing, and so on. Child support also covers the extra cost a parent has to pay to provide a living space for the child along with any disability or health care costs.

What if you and your spouse have equal parenting time? 

Even if you and your ex-partner share the same amount of time with your children, one spouse may still be required to pay the other child support. This mainly depends on the income of both spouses and their current financial situations.

How long are you required to pay child support? 

Once a child turns 18-years-old, you are no longer required to pay child support. However, this timeframe can be extended or shortened depending on the situation. As an example, let’s say your child is over 18 but has a disability that prevents them from being able to live on their own. In this scenario, the child support would then continue.

Do you need assistance with a child support case? We can help 

If you are going through a divorce or separation and need legal assistance with child support, we can help you at Galbraith Family Law. Or if you are divorced or separated and are having issues with your current child support agreement our lawyers have the right experience and knowledge to help. Whatever questions you have, we have the answers. Whichever services you require, we can help walk you through the legal process. We are here to help you understand your rights and move forward into a brighter and better future. When you are ready, give us a call at one of our five locations today. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734. We are committed to keeping you out of court while resolving family law matters with heart.

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When considering a divorce, it is important to think about your children before making any final decisions. These are a few important topics to think about and talk to your spouse about if possible as well.

Your children’s parental attachments: Consider how your children are attached to each parent. It is also important to remember that your children have the right to maintain the same connection to each of their parents no matter how your divorce proceeds. Do not allow your divorce to sway your children into picking sides or changing their relationship with one of their parents.

Recent losses: The loss of a close family member can affect children just as strongly as adults. If your children are currently grieving about the loss of a loved one (including pets), divorcing at this point may affect them more deeply.

Conflict at home: How often do your children hear or witness conflict at home? How intense are these conflicts? These are important things to think about before announcing your divorce. Children suffer when they are exposed to conflict between their parents. Minimize conflict as much as possible.

Economic stability: Think about how a divorce will impact you financially both short-term and long-term. Consider your ability to pay for your children’s necessities such as shelter, food, clothing, and so on.

School Changes/Moving: If you have recently moved somewhere new or your child has changed schools, these changes could set off the same feelings a divorce would. Your children may have strong ties with friends, so consider how moving again would affect those relationships.

Connect with supportive friends: Sometimes it helps to have someone by your side who understands what you are going through because they have been through the same thing. It may help your children to connect with friends who have also gone through a family divorce. Knowing people firsthand who understand those feelings could help your child process the divorce and feel less alone. The same applies to adults. If someone you know has also gone through a divorce with children, they may be able to provide you with helpful advice and comfort.

Ability to co-parent: Co-parenting, in theory, sounds simple, but for many ex’s, working together is an impossible feat. However, demonstrating a willingness to communicate and work together with your ex will be a great example to set for your children. Especially during this very intense change. For co-parenting to go smoothly, it is important to always do what is best for your children. Even if that means setting aside your pride and ego. Do not let your emotions or frustration drive you to make decisions.

Your coping skills: Each parent’s ability to cope with the changes and stress associated with divorce is important to think about. You and your partner will need to consider how you’ll each tend to your self-care so you will be able to set the best example for your children.

Your children’s age: While there is no magic number as to when children are the most resilient, your child’s age may give you some indication of how they may be impacted by your divorce. Very young children will have fewer, if not very limited memories of your divorce or living together as a family. However, they are dependent on routines and sensitive to change.

While your children are important, none of the above considerations should be deciding factors for or against divorce. You and your spouse are the only ones who can decide what is best for you and your family. Staying in an unhealthy or toxic marriage because you are worried about how it will impact your children is not a good enough reason to stay married. In fact, staying in an unhappy marriage could have worse long-term impacts on your children compared to divorce.

If you would like to explore your options or learn how the divorce process would unfold give our experienced family law team at Galbraith Family Law a call. We can help you navigate the divorce process, plan your next steps, and help you understand your rights and obligations as a parent. To get started, schedule your consultation with us at one of our five locations across Ontario. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734. Let us help you navigate your divorce while working to eliminate conflict and stress.

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A Collaborative Approach

This is a modern form of divorce law, and it is often the one that most divorce specialists will recommend simply because it prioritizes everyone’s protection while keeping costs down, and limits undue stress.  True to its name, it is focused on true collaboration on both sides of the table.  Both parties in the divorce will have a divorce lawyer, and the goal is to make sure that both professionals agree to work together while keeping the best interests of their clients in mind to resolve the family law issue at hand.

Both sides agree to keep things out of the court system and settle things with the lawyers handling everything.  The goal is for each party to have their rights explained to them and that the divorce lawyer will help explain the best path to divorce for their client.  While they will offer these recommendations, it is up to each client to decide what approach they actually want to take.

Collaborative is an interdisciplinary process. You and your partner will jointly retain a Family Professional who will help you navigate the emotional journey, create a parenting plan and develop productive new ways to communicate with each other. The Financial Professional will assist you in exchanging the financial information, considering child support and spousal support options and resolve the financial issues. Using these two neutrals keeps your costs to a minimum and gives you the opportunity to work with experts.

Mediation

In family law, this is often seen as the quickest resolution to divorce, mostly because it takes a lot of emotion out of the divorce itself. You will work with a  mediator who will support a healthy and productive conversation to find solutions to the issues that arise. This kind of divorce process is supposed to be the most cost-effective as well as the easiest when it comes to any potential emotions. It is a modern approach in divorce, and it is recommended in situations where the divorce is mutual and the goal is to keep things simple.  This is often a good path when it comes to minimal assets, too, such as marriages with no children and/or simple finances.

Litigation

This is the traditional kind of divorce law that you hear about and see in the movies.  It involves both parties in a courtroom. Each of you has a lawyer who will fight for an order to get the best asset ownership and solutions for their client.  The process is slow. It often takes years to resolve the outstanding issues. In many cases, the conflict escalates when the Family Court is involved.  Most divorce lawyers will recommend avoiding this approach unless it’s absolutely necessary.

The differences to be aware of in making your choice

There is no “right” choice for everyone.  The goal is to pick the path that feels the best for you.  Mediation can work for those who are separating with less complex issues and are amicable.    Collaborative law is similar to mediation but with both sides working with their own lawyer and two neutral experts who help you find the best solution for the whole family.   Litigation is a good match for couples who are fighting or otherwise feeling like they need to defend themselves publicly in a courtroom.

Wherever possible, mediation and collaboration are the recommended paths to take. These processes save time, stress, emotional upset, and money.  Litigation is necessary if one of the parties is unwilling to negotiate or is completely unreasonable.

Most family law firms will have uniquely qualified attorneys for each of these positions so that all of the bases are covered under one firm and clients can know that they have all that they need in one spot.

Whether you are familiar with these different approaches to divorce law or not, it is reassuring to know that you can match the approach that you take with the need that you are looking to fill.  Much like any other family situation, there is no such thing as one size fits all, so it can be helpful to know that you can take the same approach with something as personal as a divorce lawyer and your upcoming separation.

At Galbraith Family Law our team of divorce and separation law specialists are here for you each step of the way. From planning your first steps to approaching your separation to helping you understand your rights, to signing those final documents, we can help you navigate the separation and divorce process. To get started today, create a free separation plan on our website, or book a consultation with one of our professional family lawyers. To schedule a consultation, give us a call at one of our five locations across Ontario. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734. Whenever you are ready, we are here for you.

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Talking about child support can be difficult, but we are here to simplify the conversation.

These are a few of your most burning questions about child support with answers from our experienced child support lawyers.

   1. How is child support calculated?

The amount you owe in child support depends mainly on three factors:

• Your gross income (this is your income before taxes)
• Where your children live (how much time they are living at each parent’s house)
• How many dependant children you have

Child support in Ontario is specifically calculated according to the Ontario Child Support Table Guidelines.

   2. Can I negotiate how much I owe for child support?​

No, you cannot.  The amount of child support you owe is set by federal and provincial guidelines. This means that you are unable to negotiate the amount of child support, pay less, decline, or amend the support amounts.

   3. What is the Family Responsibility Office (“FRO”)?

In Ontario, the government created an office called the FRO, which enforces child and spousal support payments. If you do not make your child or spousal support payment, the FRO has the authority to enforce action to ensure you do make your payment.

   4. What will happen if I do not pay child support?

If you fail to make your child support payments, the FRO will act and enforce the child support order. This can include the garnishing of wages, registering a lien against a property, taking money from your bank account, or ordering a collection. They can even go as far as cancelling your passport, suspending your driver’s license or even asking a judge to send you to jail.

   5. When does child support end? 

When your child turns 18 years old, or when they complete their post-secondary education, that is when you can stop paying child support. However, child support can and may be extended if your child is unable to live on their own. For example, if your child has a disability that prevents them from being able to take care of themselves, you will be required to continue child support payments.

   6. Can I stop paying child support if my ex will not let me see my child?

No, you will still be obligated to pay child support. Child support and child custody are two separate legal matters. Regardless of how much access you have to your children, you are still obligated to pay child support.

   7. Does child support work the same in every province?

No, depending on the province you live in, child support guidelines and requirements can vary.

   8. Do I have to pay parental support if we were never married?

Yes, child support has nothing to do with marriage and it applies to all parents.

   9. If I declare bankruptcy, do I still have to pay child support?

If you file for bankruptcy, you are still required to pay child support. Bankruptcy does not end your obligation for child support.

   10. Are child support and child custody linked?

Contrary to common belief, child custody and child support are two completely different legal matters. Child custody is about which parent will make decisions on behalf of the child and where the child will live. Child support on the other hand is based on the paying parent’s income and the financial obligation a parent has to ensure their child is taken care of.

However, there are some instances where child support can vary based on how much time your child resides with one parent.

   11. Can the amount of support I pay ever be changed?

Yes, you are able to change the amount of support you pay. Typically, child support is calculated annually based on your income. Either parent can also go to court to request that the child support is either increased, decreased, or completely eliminated (depending on circumstances).

   12. Can my wages be garnished for not paying support?

Yes, they can. If you fail to pay child support, the FRO has the ability to garnish your wages, withhold your unemployment benefits, or order a collection.

   13. How do I register my child support with the FRO?

To register with the FRO, you will need to file your completed agreement with the Ontario Court of Justice or the Superior Court of Justice. Along with completing and submitting the FRO registration package

   14. How is my income determined if I am self-employed?

If you or your partner are self-employed, it can make determining child support more complex. The true income of someone who is self-employed can be difficult to determine because it is likely not reflected in their tax returns. In this case, you and your ex will need to determine the actual income together or hire an accountant with training in how to determine income for support purposes.. You can accomplish this through mediation or collaborative practice. However, if it is necessary, you can also take this situation to court where a judge will decide what your actual income is.

   15. Do I need to pay for extracurricular activities if I already pay child support?

Extracurriculars your child takes part in such as dance lessons or sports are not usually considered as part of child support. However, you and your ex may be required to pay additional payments known as special or extraordinary payments. According to the guidelines, these expenses must be necessary, reasonable, and in the child’s best interests. These expenses are shared in proportion to the parent’s incomes.

   16. What happens if my ex moves away?

No matter where you live, you are still a parent. Whether your children live in the same neighbourhood as you or on the other side of the world, you are still required to pay child support.

   17. Does my spouse need to spend the child support on the children?

There is no specific requirement that the spouse receiving child support must spend that money on the child. It is assumed that the parent who lives with the child primarily is caring for their financial wellbeing. Child support is meant to contribute to the household necessities and basic needs as if the paying parent were living with the child.

   18. What if I had a prenuptial agreement stating that I don’t need to pay child support?

Child support is the right of the child, not the right of one of the parents. You can not make an agreement that goes against the laws of Ontario. If you are a parent, you can not contract out of child support. Any agreement that says otherwise is not legally enforceable.

   19. If I am not the biological parent, do I need to pay child support?

This all depends on your situation. You could be required to pay child support if you “stood in place of a parent”. If you have demonstrated a settled intention to treat the child as your family, you may be required to pay child support. DNA may resolve issues of parentage, but it does not always settle the question of child support.

   20. Is child support tax-deductible? 

Child Support is not tax-deductible for the paying parent nor is it added to the income of the parent receiving the support.

Do you have more questions for us? Contact us today! 

If you have any questions for us about child support and how it works in Ontario or are in need of legal advice surrounding questions about child support, we can help you at Galbraith Family Law. With our amazing staff and team of knowledgeable family lawyers, we can assist you in navigating child support. To get started, give us a call today at one of our five locations across Ontario. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734. Whenever you are ready, we are here for you.

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While mediation and collaborative practice share similar goals, there are many differences between them. In this article, we will review the difference between these two practices, and which one may be better for your specific situation.

Let us start by defining mediation and collaborative practice.

What is mediation? 

Mediation is when a neutral third party (or mediator) meets with both parties to help guide and assist them in negotiating an agreement. It is usually done without lawyers present. The mediator does not offer any legal advice and does not act as a judge. They do not tell the involved parties what they should do. Instead, the mediator is there to help both parties understand each other’s points of view.

It is good to think of a mediator as a resolution coach. They are there to ask you questions and uncover the main concerns that underlie both client’s positions on each issue. Once these concerns are uncovered, the clients work together to come up with solutions to eventually find a resolution.

After the mediation session, the mediator will write a report. It is not a legally binding document. You then hire lawyers to turn your agreement into a legally binding agreement called a separation agreement.

What is collaborative practice? 

Collaborative practise includes both the parties and their lawyers during the negotiation process. During this process, settlement is a top priority for everyone. Participants commit to respecting each other and work towards shared goals without having to go to family court. Collaborative practice lawyers have similar training to mediators. However, they work with their clients and one another to ensure a balanced and positive settlement process.

With collaborative practise, you will share a family coach who is there to help you work through emotional issues. They will also help you prepare for negotiations and help create a parenting plan if necessary. You will also speak with a financial specialist who will help resolve any financial issues. Family professionals and financial professionals have skills like a mediator. They work to discover the core concerns involved with your issues to help you find a resolution.

One benefit of working with a family professional and financial professional is that it will help minimize your legal costs. Their hourly rates are significantly less than a lawyer’s hourly rates and the cost is split between the spouses.

The differences between mediation and collaborative practice

Unlike collaborative practice lawyers, mediators are neutral. Collaborative practice lawyers advocate for you and assist you in reaching long-term solutions. At the same time, your lawyer will also consider your spouse’s core concerns and ensure that the agreement will be acceptable for both of you.

The other main difference is that in collaborative practice, the family professional and financial professional will help educate you. Throughout the process, they will provide you with as much information as they can so you and your spouse can make the most informed decisions. The family professional will help you navigate the emotions you will experience during your divorce. This will help to prepare you for negotiations.

Also, collaborative practice lawyers sign an agreement stating that if you go to family court, the process ends. Meaning if you go to court, the collaborative practice lawyers and others involved are disqualified from participating in your case. Whereas if the mediation process does not reach an agreement and you go to court, you can choose to keep the same lawyer. The disqualification clause in collaborative cases ensures that everyone is committed to settling your case instead of just preparing for court.

The similarities between mediation and collaborative practice

While they are different in a few ways, mediation and collaborative practice are also very similar. They are similar in the following ways:

• During mediation and collaborative practice, core concerns are reviewed and considered in the resolution.
• Both processes are future-focused. Meaning that there is more focus on finding a solution rather than finding blame.
• You will find new and easier ways to communicate with your spouse and preserve the relationship.
• You and your spouse have more control over the resolution process and outcome of your separation or divorce. In family court, that control lies with the judge.
• Mediation and collaborative practise are both private practices. The court is open to the public.
• Both processes are also less costly than going to court. Both financially and emotionally.
• Normally both processes are faster at resolving issues compared to family court.
• Both processes support respectful communication and open conversation

Both mediation and collaborative practice rely on a voluntary exchange of information and commitment. Mediators and Collaborative practitioners have the same goal; finding the most amicable solution to your issues. They are both problem-solvers who are there to help find the best solution that will benefit everyone involved. To help determine which process is best for you, speak with your family lawyer.

If you have questions, contact Galbraith Family Law today! 

Each and every day at Galbraith Family Law, we see first-hand how effective collaborative practice and mediation are for our clients. By keeping our clients out of court, we can help ease the divorce and separation process for the people we work with. Finding an amicable solution for your family law issues is our specialty, and it is possible to do so with mediation and collaborative practice. You do not necessarily have to go to court.

To work with one of our skilled collaborative family lawyers and to learn more about these processes, book a consultation with us. Give us a call at one of our five locations throughout Ontario to get started. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734. Whenever you are ready, we are here for you.

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This is a brief overview of what you need to know before you go to family court. It covers how to manage your expectations accordingly, and how to prepare for your case.

Expectations before attending family court

In our experience, many of our clients have misconceptions about what happens in an Ontario family courtroom. Unlike what you may have seen on your favourite courtroom/crime shows, this is a realistic overview of what you can expect when you walk into family court.

• Expect a small setting 

Many families enter family court expecting their case to draw a large crowd of people and camera crews. Despite what you have seen on television, family court proceedings are very small and intimate. Even more so when it comes to proceedings involving children. Very few people will be in the room, so there is no need to worry about who will be present at the proceeding. Now, as a result of the pandemic, the proceedings are on Zoom so you can do it from your home.

• Do not expect final decisions in the first round of court proceedings

Unless there is an emergency situation (such as an urgent motion regarding the wellbeing of a child’s living situation), decisions of the court will not be made immediately at the hearing. If the matter of the hearing is not an emergency, the court may take days or even weeks to render a decision. Often the judge just expresses an opinion and expects there to be further negotiations. They often do not impose an order on the parties.

• Do not expect the court or judge to help you 

If you are unfamiliar with legal proceedings and are unsure of what to expect, you should work with an experienced family lawyer. Having a lawyer assist you with your family law matter is important when it comes to protecting you, your rights, and your family.

Yes, you are allowed to self-represent in Ontario family court, but going this route is a major risk to take. The court may be more patient with someone representing themselves. However, they do not have a legal obligation to do so and will not give any advice or instruction.

One judge said, “going to court on your own is like doing your own electrical work. You might get a shock”. Avoid a shock by getting legal advice and representation.

• Do not expect things to go your way

The family court process is complex. It involves not only the established laws and legal principles but also the various facts and interests of the involved parties. Particularly when children are involved, decisions will be made by the court that are in the best interests of the children.

As with any other legal matter, the outcome of a family law proceeding can go in many different directions. If you are someone who only wants their way or no way at all, this is the reality – you may not get what you want. This is the risk you take by going to family court. Alternative resolution options on the other hand such as mediation or a collaborative approach can help resolve issues outside of the courtroom.

If the outcome at court was easy to predict, nobody would need to go to court. Family Court is full to capacity because it is unpredictable.

• Expect delays 

The Ontario legal system is riddled with unavoidable delays. If you are expecting to go to court, do not expect to see a judge the next day. It can take months, in some cases even years to have family law cases resolved. This is especially the case if one or both parties take a very argumentative stance in their case and refuse to come to a compromise on any outstanding issues. It is even more of an issue as the global pandemic has also affected the Ontario legal system. Delay is normal. Remember to be patient, and while you are waiting for your court date to arrive, it is best to do as much preparation as possible.

How to prepare for family court

Court appearances can be frightening. If you are not prepared for anything, things can go south very quickly. When you enter a court to plead your case and fight for your rights, you need to be as prepared as possible.

If you know you will be appearing in court, this is what you should have prepared beforehand:

• Answers to all possible questions

If you want to plead your case, you need to know everything about your case. If you are a single parent and you work a full-time job, a judge will likely ask questions such as, “Where will your child go after school?”. If you are going to court to gain full parenting rights of your child, you will need to be able to prove why this is in the best interest of your child. Think about the questions a judge may ask you and have your answers ready to go. You can go into court underprepared, but there is no such thing as being over-prepared. Also, remember that all your answers to potential questions need to be in the court documents filed in advance of hearings. Properly completed documents are essential if you want to be successful at court.

• References 

As a way to accurately judge your character, you may need to have people you know available who can support your claims of being a top-notch parent. They need to be able to say what they have observed of your parenting. It is not enough for them to say “they are a good parent”. They need to give examples of good parenting.

• Your arguments 

If you are working with a family lawyer (which is highly recommended), they will help you with this. If you are self-representing, you will need to think through the important questions you may be asked, and how you will defend your case.

As an example, if you are going to court for a child custody/parenting time dispute, think about all the boxes the court will need you to check off for them.

• Are you a suitable guardian for your child?
• Do you have a healthy living arrangement for your child?
• Can you provide the support your child needs?

Your job here is to show the court why you should be granted your request.

• Your appearance 

First impressions matter, especially in family court. You need to be able to present yourself in a positive light. That means wearing formal and more conservative clothing and overall sending the message: “I am a responsible adult.” This applies even if the matter is on Zoom. You still need to present yourself professionally.

Do you need independent legal advice or legal representation in family court? We can help. 

At Galbraith Family Law, we are here to help simplify the legal proceedings and to protect you and your rights. We are committed to representing you and resolving family conflicts with heart. As much as we prefer to help our clients resolve their family law conflicts outside of the courtroom with a collaborative approach, we will also proudly represent you in court when necessary. We are here to take the fear and anxiety out of your court proceeding so you can move forward knowing your best interests are at the forefront of our negotiations.

If you would like to book a consultation with one of our family lawyers, give us a call today at one of our five locations across Ontario. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734. Whenever you are ready, we are here for you.

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What is a divorce?

A divorce is a legal declaration made by the court that formally ends a marriage. In short, it means that the spouses involved are no longer married and they are legally able to get remarried.

Spouses who are separated, but not legally divorced can not remarry. However, it is not uncommon for separated couples to choose not to get divorced because they do not plan on getting remarried in the future.

In Canada, spouses are eligible for a divorce after one of the following three occurrences take place:

1. Adultery
2. Cruelty/abuse
3. Spouses have lived separately for more than one year

Once the court has established that one of these three events has occurred, you are then able to get a divorce. Even if the other spouse does not consent, you are still able to get a divorce. An application for divorce can be made by either spouse without the other’s consent. Typically, most spouses are divorced after living separately for more than one year. If you are trying to get a divorce on the terms of adultery or abuse, you will need to provide proof to the court. These claims can become messy.

Before the court can grant a divorce, the following must also be satisfied:

1. Arrangements have been made for the children of the marriage, including parenting time and child support.
2. The parties have removed any religious barriers to remarriage over which they have control.
3. At least one of the spouses has lived in the Court’s jurisdiction for at least one year
4. The partners have not engaged in connivance or condonation concerning the Divorce

If you are in a common-law relationship, you do not need to get a divorce. Divorce only applies to legally married spouses. If you are not legally married, you can not get a divorce.

What is separation?

A separation is when spouses live separately with no prospect of living together again. It does not require a legal form or court order. What is required is an objective observer who can testify that both spouses are no longer living together and are in fact living separate lives.

This does not necessarily mean that both spouses need to physically be apart. You can still live in the same house as your partner and still be separated. This usually occurs if one or both spouses cannot afford to move out on their own. Likewise, spouses can live separately and still be considered together.

Choosing to separate from your partner does not have to be a mutual decision. If one spouse announces that the relationship is over and a clear separation has happened, the parties involved are separated. Regardless of whether the other spouse wants the divorce or not.

To assess if a couple is truly separate, the following factors are analyzed:

• Whether the spouses occupy separate bedrooms
• Whether the spouses have continued sexual relations
• Whether the spouses present themselves as a couple to their community
• The quality of communication between the spouses
• Whether the spouses eat meals together as a family
• Whether the spouses participate in the same social activities
• Arrangements made regarding any shared expenses.

The key differences between a divorce and a separation

As we have already mentioned, divorce only applies to married spouses who want to completely dissolve their marriage. If you are not legally married and you are in a common-law relationship, you would not need a divorce, you would need a separation. Both married and non-married spouses can legally separate.

When you choose to separate, it is best to work with a separation lawyer who can help settle your affairs with a separation agreement or court order. A separation agreement will allow you to make claims for spousal support, child support, parenting time, and so on. It is in your best interest to create a separation agreement so that if there is ever a violation of the agreement, it will legally hold up in court.

If you are legally married, you can choose to separate but not divorce your partner. It is also important to note that separated but not legally divorced couples can not sell or mortgage a matrimonial home without the other spouse’s consent unless the separation agreement allows it.

Getting a divorce or separation? We’re here to help 

To learn more about how to properly deal with the breakdown of your relationship, contact Galbraith Family Law. If you require a separation agreement, we can pair you up with one of our skilled separation lawyers to walk you through the separation process. If you are getting a divorce, we can match you with an experienced divorce lawyer based on your personal situation and the legal skills you require.

Our team of divorce and separation law specialists are here for you each step of the way. From planning your next steps to helping you understand your rights, to signing those final documents, we can help you easily navigate the separation and divorce process.

To get started, you can create a free separation plan on our website, or you can book a consultation with one of our professional family lawyers. To schedule a consultation, give us a call at one of our five locations across Ontario. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734. Whenever you are ready, we are here for you.

The post What is the Difference Between Separation and Divorce? appeared first on Galbraith Family Law.

As Canadian law holds, both parents are responsible for providing proper financial support for their children. But how is it calculated? How much will you be responsible for paying? What if the child is not biologically yours? In this article, we will answer the most common questions we receive from our clients about child support which is now referred to as parenting decisions and parenting time.

How is child support calculated? 

Child support payments are determined based on formulas specified by the Child Support Guidelines. The Child Support Guidelines are based on the parent’s income, the number of children they have to support, and the province in which they reside.

To quickly see how much you owe in child support each month, visit the Department of Justice website and use the Child Support Table available.

If a payor is self-employed or does not declare all of their income, it will be more difficult to determine the amount of child support they owe. With someone who is not self-employed and is considered an employee, they will receive a T4 which outlines their income. Next, their Income Tax Return would be examined, along with the amount of support owed by the payor. However, when a payor is self-employed, their income may not be the same as that declared on their Income Tax Return. This is why it is extremely important to work with a lawyer who has experience or specializes in working on child support cases. They can help you investigate their income and declare the proper amount they owe in child support.

Do I have to pay child support?

In Canada, the law considers child support to be for the benefit of the child. The amount a payor owes is based on the payor’s income only – the recipient’s income is not relevant unless each parent has care of the children more than 40% of the time.

Many parties express concern that their support payments will not be spent on the child – which in some cases is a valid concern. However, it is virtually impossible to convince a court that you should not pay child support. The law assumes that the recipient of the child support will use that money for the benefit of the child.

How is child support collected?

Once the court has made an order for child support, it must be enforced. Enforcement in Ontario is done through a provincial government agency known as the Family Responsibility Office (FRO). The FRO collects the payments directly from the payor’s wages. However, a payor can also make arrangements with the FRO to make payments to them directly. Once the payment is received, the FRO will either send a cheque or a direct deposit to the other parent.

If a payment is missed, the FRO will take action to enforce the order of agreement. Again, if the support payor is self-employed, it can be more difficult for the FRO to enforce a parenting support order. However, the FRO has numerous ways of enforcing an order to ensure the payor complies with the support provisions. This can include revoking a person’s drivers’ licence, passport, and so on.

Many people do not use the FRO for the collection of support. They just voluntarily make arrangements to pay it directly and in a timely manner.

Who is responsible for paying child support if we share joint custody?

Joint custody is when both parents share the parenting time of their children. It is awarded to families when a judge feels that both parents can reach amicable solutions on parenting matters. It does not necessarily need to be equal joint custody, but as long as one parent shares at least 40% of the time, it is considered joint custody.

To determine the child support owed if parents share custody, the court will need to consider various factors. They will start by reviewing each parent’s annual income along with the associated costs with joint custody. The judge may also consider whether a parent is living with a new spouse or has other dependants.

Often parents pay each other. You just pay based on your income and your spouse will pay according to their income. One payment is set off against the other.

Do I have to pay any more for child support, aside from the base amount determined by the Federal Child Support Guidelines?

The Federal Child Support Guidelines outline that in addition to the base amount of child support, a payor must also pay their share of a child’s additional or extraordinary expenses. These expenses include but are not limited to the following:

• Health expenses
• Daycare expenses
• Expenses for a primary or secondary school education or post-secondary education
• Extraordinary expenses for extracurricular activities

To determine the amount owed, the expense is shared by both parties in proportion to the incomes.

My ex-partner has sole custody, and I am not allowed to visit my child(ren). Do I still owe child support?

Child support is for the benefit of the child. That being said, it does not matter if the payor has visiting rights with their child or not. If you have a child and you are earning an income, you are responsible for paying child support.

If I am not the biological parent of the child, do I still owe child support? 

If you have treated and raised a child as if they were your biological child, you will most likely have to pay child support. If you are not the biological parent of a child you are being asked to provide support for, it is always a good idea to seek professional help from a lawyer who specializes in child support issues. The amount of support paid by a step-parent is more complicated than by a biological parent.

Do you have questions for us or need our help? We are here for you. 

Whether you need us to answer a few questions for you, or you are seeking legal representation, we are here for you at Galbraith Family Law. We are committed to providing our clients with the best possible services for their specific needs and family law issue. If you are struggling to determine or agree upon child support or any other family law issue relating to parenting orders, our team of lawyers can help you ease the process and find the best solution for your family. To get started with us, give us a call at one of our five offices across Ontario to book your consultation today. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734.

The post How child support works in Ontario appeared first on Galbraith Family Law.

Mediation is efficient and cost-effective. Many people do not want to engage lawyers to obtain a separation agreement, often because they are afraid that negotiating through lawyers will be expensive and take a long time. But some people do not feel confident enough to negotiate an agreement without some support or guidance.  Mediation can address both of those concerns. A mediator is an objective third party who will help you identify your property, parenting and support issues, and then facilitate the discussion about those issues, so that you can reach an agreement in typically only 2 to 4 meetings.

Every family is different. You may reach an agreement on some issues easily, but others may be more complicated. Family mediators are familiar with the challenges separating couples face and are able to suggest alternative solutions and give you options. A mediator can help you to find creative solutions that work for both you and your family.

And if you feel that you need legal advice through the mediation process, you can engage a lawyer to give you that advice or even attend the mediation sessions with you. Either way, you can decide how much support you need and when you need it.

Once you have reached an agreement on the issues, you will need to engage a lawyer to prepare a legally binding and enforceable Separation Agreement. But the bulk of the work will have to be done through the mediation process, which should save you time and money.

There are other processes you can use to obtain your separation agreement. But mediation ensures that you are addressing all of the important issues, with the support of a professional, and in a way that will keep the lines of communication flowing efficiently, which helps to keep your costs down.

If you are interested in having me serve as a mediator, please contact me at Sylvia@GalbraithFamilyLaw.com or call our office at 289-802-2433

The post What Is Divorce Mediation? appeared first on Galbraith Family Law.

To get a better understanding of how divorce works in Ontario, we have outlined 10 things that are important to know or to make note of before you get started.

1. The difference between a separation and a divorce

Before you begin with a divorce, it’s important to understand the difference between a divorce and a separation. A separation is when one or both spouses decide to live apart with no intention of living together again. When you are separated, you may need to review custody (now known as parenting orders), and child/spousal support, as well as dealing with property and shared assets.

A separation agreement is a legally binding and enforceable contract between you and your spouse which outlines how all of the issues have been resolved. A divorce is just a single piece of paper signed by a judge formally ending the marriage. The separation agreement governs your relationship going forward and the divorce allows you to do it again with someone new.

The big difference between a separation and a divorce is that with a separation, your marriage does not legally end. Your marriage can only end with a divorce. To understand what you need to do to get a divorce, this is a simplified guide to the overall divorce process in Ontario.

2. Know the type of relationship you have

The type of relationship you and your partner have will determine whether divorce is required or not. If you are not legally married, you do not need a divorce. A divorce only applies to legally married couples. However, if you are common law, you will still need to create a separation agreement.

3. Your marriage does not end once you begin divorce proceedings

Your marriage ends when a judge grants you a divorce order at the end of the divorce process. Once you have started the divorce proceedings, you and your spouse can stop at any time if you both decide to try and make your marriage work.

4. How to apply for a divorce in Canada

In order to apply for a divorce in Canada, you must:

1. Have been legally married in Canada or any other country.
2. Intend to separate permanently from your spouse and believe there is no chance you will get back together.
3. Have already left your spouse and do not intend to get back together. You can be living under the same roof but living apart.
4. Have lived in the Canadian province or territory for at least one year immediately before applying for a divorce in that province or territory.

5. Know your reason behind getting a divorce

As part of the requirements of getting a divorce, you will need to be able to prove and show that your marriage has broken down. This can be done one of three ways:

1. You and your spouse have lived separately for one year with the idea that your marriage is over. This is the most common reason for a divorce in Canada.
2. Your spouse has committed adultery and you are able to prove it.
3. Your spouse has been physically or mentally abusive to you. This may include acts of physical, mental, or emotional violence.

If one of these situations applies to you, you can move forward with a divorce.

6. Know whether or not you need to prove who is responsible for the marriage breakdown

When getting a divorce, you do not need to prove that your spouse was a fault, in Canada. If the reason you are applying for divorce is that you and your spouse have lived separately for one year, you do not need to prove who is responsible for the breakdown of your marriage.

However, if you are requesting a divorce because your partner committed adultery or an act of abuse, you will need proof. If this applies to you, keep track of everything you can from text messages to written documents to photographic evidence. Most divorces proceed on the basis of a one-year separation because it is easier to prove.

7. Know how to start the divorce process

To begin with divorce proceedings, it is in your best interests to work with a divorce lawyer. Just as marriage has a huge impact on your life, divorce does as well. If you want to ensure a strong, sustainable future for yourself, you should work with a divorce lawyer. A divorce lawyer can explain exactly how the law applies to your situation and how to protect your rights. They can also help you resolve the conflicts in your divorce so that you and your spouse can reach an amicable agreement.

8. Trying to reconcile after you have begun the divorce process

If you and your spouse have already started the divorce process on the grounds of one-year separation, there is still time to reconcile. If both parties decide they want to make their marriage work, you can live with each other again for up to 90 days for the purposes of reconciliation. If you still decide that your marriage will not work after that 90 day period, you can continue with the divorce process as if you had not spent that time together.

9. Resolving conflict in your divorce

When it comes to divorce, conflict is almost guaranteed to arise. If you and your spouse agree on all issues, you have what is called an uncontested divorce. This is when you or your spouse mutually want a divorce and can come to an agreement on all issues. This includes everything from the division of assets and property to child support. Most people complete a separation agreement and then file for divorce.

However, for more divorcing couples, things are not always this easy. If you or your spouse are having a difficult time reaching an agreement, you should work with a divorce lawyer. A good divorce lawyer can recommend ways for you and your spouse to set aside your differences and reach an agreement that works for both parties.

10. Choosing the right divorce lawyer

When choosing the right divorce lawyer, remember one important thing: this person will be advising you about very real and very impactful changes in your life. The divorce lawyer you choose to work with could be the difference between you having shared custody of your children or not. It can be the difference between you being able to live independently after your divorce or not. Your divorce lawyer makes a big difference in the outcome of your divorce. So be sure to do your research, look around, and spend a good amount of time choosing the right lawyer for your case ahead of retaining them. Choose someone who is an expert in doing divorce law.

Are you ready to move forward with a divorce?

If you are ready to begin the divorce proceedings, your first step is to reach out to us at Galbraith Family Law. When you book a consultation with us, we will begin by assessing your situation and recommending a divorce lawyer suited to your case. Rest assured that we pride ourselves on making the divorce process as easy as possible for our clients. We always work with our client’s best interests at heart, and we will do everything we can to keep conflict down to a minimum for you. When you are ready, we are here for you. Book your consultation now by giving us a call at one of our five offices across Ontario. For our Toronto offices call 647-370-8965, for our Newmarket office call 289-210-4692 or you can reach us at our Barrie office at 705-230-2734.

The post 10 things you need to know about divorce in Ontario appeared first on Galbraith Family Law.