There are several reasons why mediation is usually a good option for a resolution of the issues arising from the parties separation, namely, as follows: (more…)
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…)
There are usually five stages to mediation:
Stage 1: Introductions
Mediator introduces themselves and explains the rules for mediation (i.e. act courteous to each other, no arguing, take turns speaking, either party or the mediator can terminate at any time etc.)
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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...
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...
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…)
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…)
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…)
The Spousal Support Advisory Guidelines are not legislated guidelines. Although they assist family lawyers and the courts in determining the appropriate range of spousal support in a case, the SSAG are not binding on a court. A judge has the inherent discretion to determine what he/she considers the appropriate quantum of support. In Fisher v. Fisher, the Ontario Court of Appeal held that...
