Legal Separation: What to Consider When Living Separate and Apart in the Same Residence
In these tough economic times, many married couples may want to separate – but find they simply can’t afford to. That’s because they may not have the financial means to set up two separate homes, and officially start down the road toward getting a formal divorce from each other. A question we often get asked at our firm is whether, under Canadian law, it’s possible to be legally separated but...
Imputing Income – Determining the Proper Quantum of Child and Spousal Support
If you are separating or divorcing from your spouse, you’ll know that a key step in the process is to determine how much annual income each of you earns. Accurately setting those income amounts is important, because it factors into the legal determination of how much spousal or child support must be paid, and by whom. In a perfect world, each of you would both be forthright and honest about...
How Does Adultery Affect Divorce Under Canadian Law?
Has your spouse been unfaithful? Are you considering a divorce? If so, you might be wondering how your spouse’s adultery affects your own legal rights. Here are some of the key points you should know. Adultery is one of the grounds for getting a divorce in Canada. Under the federal Divorce Act, you are only eligible to divorce if you can show there has been a “breakdown of the marriage”. That...
How Long Does Child Support Last? – Frequently Asked Questions
One of the most common legal inquiries we get from the clients of our firm is “how long do I have to pay support for my child?” Here are some of the frequently-asked questions on this topic: Q: How long does child support last? A: Usually, until the age of 18. In Ontario, you typically must pay support for your child from the time he or she is born, until the provincial age of majority and has...
Are Parents Required to Support Their Adult Children?
Most Ontario parents are already aware that they have a legal obligation to financially support their children until the age of 18 (which is the age of majority in the province). This applies whether the parents are married, never-married, living together common-law, divorced, or separated. But what many parents may not know, is that in some circumstances the obligation to support their child...
High Income Earners and Spousal Support
If you are a high-income earner in the process of divorcing your spouse, you might be wondering about how your support obligations to him or her will be calculated. (This presumes that you and your spouse have not already settled this, through a separation agreement or other domestic contract). There are special principles under Canadian law pertaining to the spousal support payable by...
A Breakdown of Child Support Calculations and Modifications
Child support ensures children receive financial support from both parents after separation or divorce. Ontario follows the Federal Child Support Guidelines (FCSG) to determine fair and consistent child support amounts. This article by Fine & Associates Law demystifies child support calculations and explains how to request modifications. Related: Online Child Support Calculator Ontario...
The Canadian Law on “Family Violence” – It’s There to Help You
In the lives of some members of Canadian society, domestic violence is an unfortunate reality. These days, the more modern term is “Intimate Partner Violence” (IPV) or “Family Violence”, but the concept remains the same: It describes a prevalent form of gender-based violence, usually perpetrated by men against women. If you’re a victim of Family Violence, the good news is that Canadian Family...
Co-Parenting Strategies: Spring Forward with an Effective Schedule
Spring brings fresh starts, and for co-parents, it’s a prime time to re-evaluate and refine your child custody arrangements. With warmer weather and potentially more activities on the calendar, clear communication and a well-defined schedule become even more crucial. We offer these practical strategies to help you navigate the season with a cohesive co-parenting plan, keeping in mind the...