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In determining the issue of custody, the court is only interested in the “best interests of the child(ren)”. In order to determine the best interests of the children, the court may consider the status quo, the children’s ages, which parent has been the primary care giver, the children’s ages, the children’s wishes, and any other relevant factor that affects the best interests of the children. Continue Reading »
The amount of child support that will have to be paid by the payor is a function of (a) the amount payable under the Tables contained in the “Child Support Guidelines” (b) any amount added to the Table amount for the payor’s contribution towards the child’s special and extra-ordinary expenses pursuant to s.7 of the Child Support Guidelines and (c) any reduction in child support due to an analysis of standard of living in the payor’s household vs. the standard of living in the recipient’s household. Continue Reading »
There are no Tables or Guidelines regarding the issue of spousal support. Accordingly, if you would like to receive spousal support or are defending a claim for spousal support, then you will need to speak with a family law lawyer.
In determining spousal support, the court will examine the recipient’s need and the payor’s means and ability to pay. It will also look at any other factor that is relevant to determine the issue such as the length of the marriage or co-habitation, the recipient’s ability to achieve financial self-sufficiency and whether either party has been economically advantaged or disadvantaged by the marriage or its breakdown. Continue Reading »
If you are afraid that your ex partner will abscond with your child(ren), then you can apply to the court for a “non-removal order”. This is an order that will prohibit the child(ren) from being removed from the province or any particular jurisdiction within Ontario without your consent or a court order. If the court makes such an order, you should immediately take it to the customs and immigration officials nearest you (perhaps at your airport). Continue Reading »
If you are the victim of domestic violence, it is crucial that you plan for your departure from the relationship. Your plan should include taking the child(ren) with you. Your plan should also include where you and the child(ren) will live, how you will support yourself and the child(ren), and how will you communicate with your abuser, if at all, about the child(ren) or any other necessary matters. If you have no safe place to turn, then you may need the assistance of an emergency shelter. Most family law lawyers can connect you with an emergency shelter. Continue Reading »
Upon marriage breakdown, parties in Ontario are free to divide their property any way they choose. However, if they cannot agree on how property is to be divided, then the court will use a formula to determine the issue. The formula involves “equalizing the net family properties” of the parties. The net result is a payment from one party to the other (the “equalization payment”). Once the equalization payment is made, any property accumulated by the parties during the marriage will have effectively been split equally. There are some important exceptions so if you are involved in a property division case, it is important to consult with a family law lawyer. Continue Reading »
Your relationship with your family law lawyer has to be built on a foundation of mutual trust. A family law firm like the GOLDSTEIN Divorce & Family Law Group brings a wealth of experience and legal knowledge to your case, and can help protect your rights, resolve your family law challenges efficiently and effectively, and advocate for the best possible outcome for your unique situation. Allan Goldstein and his colleagues make that commitment to you, and will work fervently to uphold it. Continue Reading »