Can a non-biological parent be responsible for child support?

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...

Paternity / DNA Tests

A biological parent is responsible for supporting his/her child. If there is any doubt that a father is the child’s biological father, a court can order that this person attend for DNA testing to determine if he is the child’s biological father. (more…)

How can I use mediation to resolve the issues arising from my separation?

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…)

What are the different mediation styles?

For any dispute brought to mediation, mediators can approach the mediation using one of the following mediation styles: (more…)

What is Mediation?

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...

What should I do if I am thinking about separating from my spouse?

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...

Child Support – Sources of Income

According to s.16 of the Federal Child Support Guidelines, in order to determine the quantum of child support, you must first calculate a payor’s total income.   The courts have evaluated certain types of “income” and considered whether or not it should be considered in determining the payor’s income: (more…)

Child Support – When is the Recipient’s income Considered?

Our family lawyers frequently get asked by support payors when is their spouse’s income considered in relation to child support.  A recipient’s income is relevant in the following circumstances: (more…)

Severance Pay in Determining Income for Child Support

When one obtains severance pay from his/her employer, it is considered income for the purposes of determining child support.  Most payors seem to believe that it is an asset rather than income.  This is incorrect.  Severance pay is income replacement.  As such, it is considered in evaluating child support obligations. (more…)

How to Prepare for your Separation/Divorce

In some of our cases, the parties separation has been “brewing” for quite some time.  One or both parties may think about separating from their spouse, but they do not approach a lawyer.   He/she may be preparing emotionally and financially to separate from his/her spouse.  In other cases, a spouse may be surprised to learn that his/her spouse wants to separate.  It comes as a...