The Federal Child Support Guidelines were intended to provide a fair, objective manner to determine child support. It was intended that the quantum of support would be based on the payor’s income and the number of child. The party would then go to a table listing child support as set out the guidelines and pay the quantum of support based on the person’s income and the number of...
This section provides that it is possible that when a child is over the age of 18, a court may order an amount of child support less than as provided for in the Guidelines. This is one of the circumstances where a court has discretion to award an amount of support that is different than as determined by the payor’s income and the Guidelines. In evaluating the amount of child support,...
When it comes to Property Division, determining your net worth on the date of marriage is usually difficult for most people. If you were married for quite some time, most people do not keep their banking records. Financial Institutions usually do not keep records for longer than six years. A Domestic Agreement, listing your respective assets and liabilities as of the date of marriage, would...
The Family Law Act in Ontario provides certain rules which govern the division of family property when spouses separate. The parties must, essentially, divide the differences in the increases in their net worth, from the date of marriage to the date of separation. Each party must determine his/her Net Family Property. This is defined as the value of all of the person’s property on...
Section 4(1) of the Family Law Act is the definition section of the Act dealing with property issues. The act states that a “Matrimonial Home” is defined as “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their...
This section provides that there is a presumption that for children under 18 in Ontario that the amount of child support will be based on the applicable table, the number of children and the income of the payor spouse plus “add – ons” pursuant to section 7 of the guidelines. There are exceptions to the automatic application of the guidelines. (more…)
In determining child support under the guildelines, “any amount is determined on the basis of specified information, the most current information is used”. As a result, the payor of child support, will have to provide his more recent income tax returns. If he is employed, he will be required to provide his recent pay stubs. (more…)
Although the Federal Child Support Guidelines were enacted to make the process more objective, in some circumstances there is still discretion by the court as to the quantum of support. As a result, it is important to retain a Toronto family lawyer to assist and ensure that your rights and obligations are being protected.
At Fine & Associates, we can have a family lawyer review your...
The objectives of the Guidelines is to “promote fairness to children” and to “reduce the conflict and tension between spouses, by making the calculation of support more objective” and to “reduce litigation” and to “ensure consistent treatment of spouses and children”. However, since there are several objectives to consider which must be balanced...
