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When Does Child Support End?

WHEN DOES CHILD SUPPORT END?

You have been paying child support for so many years? When will these child support payments finally end? Or……you have been receiving child support for such a long time. Can you continue to receive it?
Child support doesn’t necessarily end when a child reaches 18 years of age. Under the Divorce act and the Family Law Act there is actually no upper age limit when child support ends. For the most part, child support is payable as long as a child has not “voluntarily withdrawn from parental control” and is enrolled in a full-time program of education. The courts have defined “full-time” to generally mean 4 full-time courses of study, but the courts have even allowed less than 4 courses in some circumstances. The courts have been very flexible in determining what a “course of study” is. It need not be a university education. College, trade school, and even other kinds of study may qualify. Furthermore, the courts have generally ordered child support to be paid until the child completes his or her first degree or diploma. Of course, there are some exceptions, so you need to discuss this with your family law lawyer.
While child support is generally payable until a child has completed her first degree or diploma, the entitlement to support is not automatic. The court must be satisfied that the educational plan is reasonable in terms of the child’s abilities; that it meets the plans and expectations of the parents with regard to the child’s post-secondary education; and that it is within the needs and means of the child and the parents.
In some cases, child support is even payable for a child who is pursuing a second or third degree. In this case, the court will consider the financial circumstances of the family, the ability of the child to contribute to his post-secondary education expenses, the child’s education and career plans, the child’s age, the child’s academic performance, the family’s educational expectations, the parents’ involvement in the decision-making process, the accountability of the child, and the extent to which the program prepares the child to become financially independent. Be very careful because most courts now find the child support guideline amount inappropriate when a child attends school out-of-town and only returns home during the summer and school breaks.
As with any area of law, there are some general guidelines which we can follow as I have discussed above. However, most cases are determined based on the facts of the individual case. As such, you should consult with a family law lawyer if you want an opinion regarding when your child support payment will end. I would be more than pleased to speak to you about your unique situation.

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Child support and the Family Responsibility Office

CHILD SUPPORT AND THE FAMILY RESPONSIBILITY OFFICE

Are you looking for child support? Do you have a child support order? By now you have probably heard of the Family Responsibility Office (FRO). If not, they are the government agency in charge of enforcing child support orders. Think of them as a government collection agency that helps out in family law cases. You can read about the Family Responsibility Office (FRO) in my other blogs. This article isn’t intended to go into detail about how the Family Responsibility Office (FRO) works or how they help you collect on the child support order that you have. Instead, it is intended to warn you about the pitfalls associated with having your child support order registered with them.

Once a family court child support order is made, the court will sign an order assigning collection of the child support order to the Family Responsibility Office (FRO). If everything goes as it should, you will be notified by the FRO and they will explain the process to you. However, every so often something goes terribly wrong. Click this link to find out how?

Reevely: Ontario man locked up for not paying child-support bills he never got

To find out more, please contact me at:

info@amglaw.ca

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The Children’s Aid Society (CAS) has taken my child. What do I do?

THE CHILDREN’S AID SOCIETY (CAS) HAS TAKEN MY CHILD. WHAT DO I DO?

This is a very difficult time for a parent.  The Children’s Aid Society (CAS) is interfering in your life and telling you how to parent your child.  Maybe you haven’t been getting your kids to school on time or they have missed a lot of school.  Maybe there are issues with drugs or domestic violence.  This type of court case is not only very complicated, but it will be the most important thing you ever have to deal with.  The stress can be overwhelming.  You need a lawyer who specializes in cases involving child protective services.  This is not a time to worry about the cost of hiring a lawyer. If you qualify for Legal Aid then they will pay for your lawyer.  Contact Legal Aid Ontario by telephone and get approved for a legal aid certificate.  Hire an experienced child protection lawyer (such as the ones at GOLDSTEIN Divorce & Family Law Group). We will immediately assess your case and explain the court and CAS process to you.  Our lawyers will help you navigate your way through this so that the Children’s Aid Society (CAS) and the court are satisfied that you can parent your child without any further involvement of the court or child protective services.

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Will Co-Parenting Work After My Divorce or Separation?

WILL CO-PARENTING WORK AFTER MY DIVORCE OR SEPARATION?
You want to separate or divorce but you also want to minimize the disruption on the children. You are in the middle of a custody battle but you want to try to find an amicable way to work with your ex-spouse. Have you considered co-parenting? Co-parenting after a divorce or separation involves both partners being actively involved in the lives of their children. It requires maturity, discipline and the willingness to do very hard work.

Parenting experts say that good co-parenting involves drawing clear boundaries with your ex, carefully navigating bringing new partners into the mix and having straightforward talks with your children. You must have the maturity to put your children’s interests first and put your own hurts and grievances aside.

For more on co-parenting, click on the following link:

http://www.cbc.ca/life/wellness/co-parenting-after-a-split-focus-on-the-kids-say-experts-1.4091219

http://www.cnn.com/2017/04/06/health/divorced-couple-photos-trnd/

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Parental Alienation in Child Custody Disputes

Parental Alienation in Child Custody Disputes

You have children. You are separated or divorced. You want to see your children but your ex is doing all she can to keep them from you. You tell your lawyer that parental alienation is going on. You tell your lawyer that your ex keeps denigrating you to the children. She is brainwashing the children against you! She is undermining your relationship with them…doing all she can to turn the children against you. Is this a case of true parental alienation? Maybe….maybe not. Click the following links to learn more about parental alienation in child custody disputes.

https://www.psychologytoday.com/blog/co-parenting-after-divorce/201304/the-impact-parental-alienation-children

http://www.cbc.ca/news/canada/british-columbia/parental-alienation-divorce-family-reunification-1.3547488

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The cost of divorce

THE COST OF DIVORCE

Everyone knows that it costs money when people go through a legal separation or a divorce but what exactly does this mean? Aside from the obvious legal fees, child support, and spousal support, what other costs are associated with a break-up? What about your living costs? What about the cost of transportation, food, entertainment? Click on this link to find out more…

http://www.cbc.ca/stevenandchris/life/the-cost-of-breaking-up

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04

February

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I have a child support order….. so where is my money?

I HAVE A CHILD SUPPORT ORDER…..SO WHERE IS MY MONEY?

Do you have a child support order? You do? That’s great! Well, in Ontario, a child support order is really only a piece of paper. Now comes the hard part. The Family Responsibility Office (FRO) now needs to enforce that order so that you can get your money. Unfortunately, the Family Responsibility Office (FRO) is not so great at what they do. In fact, a new report says that the Family Responsibility Office (FRO) receives the most complaints of any government agency because it is handling cases either too aggressively or not aggressively enough. Click on the following link to see what’s going on: http://www.cbc.ca/player/play/2697197101


Pets… are they part of the family or just another piece of property?

Pets…. are they part of the family or just another piece of property?

I’m a dog lover…. I always have been. To be honest, I don’t really trust people who don’t like animals. What could be wrong with cuddling up with a nice, furry dog or cat that only wants to be fed and give you love. It’s this exact kind of thinking that leads people to humanize their pets. You know what I’m talking about…. dogs with shoes, a winter coat… cats who get Christmas presents… these animals truly become part of the family. But according to the law, are they really part of the family? Should parties actually go to court to get custody of a dog or custody of a cat? Will the court treat pets like children in deciding what happens with our best friends after a divorce or separation? According to Justice Richard Danyliuk of the Saskatchewan Court of Queens Bench, then answer is a resounding “no”. According to Justice Dayliuk “ despite the fact many people treat their dog as part of the family, at law it enjoys no familial rights.”. Please click this link to get more information: http://www.cbc.ca/beta/news/canada/saskatchewan/dog-custody-dispute-saskatoon-1.3889188

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Can you represent both me and my spouse?

Can you represent both me and my spouse?

I often receive calls from clients who have already resolved the issues with their spouse or who expect a very amicable resolution to their case. In this situation, I will inevitably be asked if the client can bring her spouse to the consultation so that they can present the agreement to me together. They would then expect me to simply draft the agreement for the two of them. While this may seem reasonable to the lay person, it is strictly forbidden.
There are many requirements that need to be met for a separation agreement to be considered to be valid and binding. One of the most important requirements is that there be no “conflict of interest”. A conflict of interest will immediately arise if a lawyer represents both spouses. If the same lawyer represents both spouses in his or her capacity as a lawyer, then this will significantly increase the chances that the separation agreement will one day be set aside by a court, costing the parties many thousands of dollars to rectify the situation. Furthermore, a lawyer who represents both spouses likely puts himself in the position of breaching his obligation of confidentiality to both parties. This could find the lawyer in trouble with the Law Society of Upper Canada. So, it is in BOTH parties’ best interests for each of them to have their own separate lawyer throughout the case. Lawyers refer to this as “independent legal advice” and it is one of the hallmarks of a sound separation agreement.

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20

September

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Mediation for a less painful divorce: A Toronto family lawyer and mediator offers his advice

Like many divorcing couples, you and your spouse may be considering using a mediator to assist you in resolving your issues, but you might be unclear about what a mediator actually does. Unlike arbitrators, mediators do not make decisions or determinations as to the rights of the parties or the allocation of property. They will, however, help the couple negotiate and structure their own agreement. A mediated agreement has the advantage of substantially increasing the likelihood that the parties will follow its terms since it reflects the parties’ own decisions as opposed to terms imposed by a court. Additionally, reaching a mediated agreement significantly reduces the time, expense, and conflict of your divorce process. Continue Reading »

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