A parent is liable to pay child support for his/her dependent child(ren). As long as the child is enrolled in a full time program of education, and is applying him/herself to his/her studies, the child will be entitled to child support. If the child is unable to attend in a full time program of education due to health issues, the child will still be entitled to support. The nature of the...
Some fathers are quite surprised that they will be liable for child support for a Child eventhough they have no relationship with the Child. The biological father cannot sever his relationship with the child (unless they consent to an adoption of the child by a step-father) and then claim that he/she has no support obligation. However, if the child is an adult (over 18 years of age), it may...
A person can also be liable for child support for his/her dependent child if he/she has assumed the role of a parent for the child. This person is deemed to be in loco parentis to the child (or stands in the place of a parent to the child). In determining whether or a not a person stands in loco parentis to a child, a court will examine various aspects of the child’s relationship with the...
Prenuptial Agreements or Marriage Contracts are not just for the rich.
Marriage is a partnership. Anyone entering into a partnership should understand the terms of that relationship and protect their rights with due diligence. That means most people, especially those individuals bringing assets into the marriage, should take the time to draft a Prenuptial Agreement or Marriage Contract....
There are several reasons why mediation is usually a good option for a resolution of the issues arising from the parties separation, namely, as follows: (more…)
There are several methods of resolving the issues arising from the separation from your partner through mediation. Firstly, you and your partner can retain a mediator to facilitate a resolution of the issues. It is important to note that the mediator will not act as the divorce lawyers for you or your partner. (more…)
Mediation is a form of dispute resolution. It is a form of negotiated settlement. A mediator is a neutral third party. He/she will facilitate a resolution of the issues and attempt to arrive at a settlement that works for both parties. Lawyers often say that the “best negotiated settlement is when both parties walk away from the table thinking the other person got the better deal”. If...
The first thing that should be done is become informed. It is incredible how many people have no idea about the financial situation of their family or their spouses. Gather as many documents as possible to substantiate your respective assets and liabilities as of the date of marriage and the date of separation (ie. bank statements, financial statements etc.). You should also make all...
The Spousal Support Advisory Guidelines are not legislated guidelines. Although they assist family lawyers and the courts in determining the appropriate range of spousal support in a case, the SSAG are not binding on a court. A judge has the inherent discretion to determine what he/she considers the appropriate quantum of support. In Fisher v. Fisher, the Ontario Court of Appeal held that...