Family Law Toronto

1
Frequently Asked Questions Part 2

• Stanley J. Potter, Barrister Solicitor40
  Sheppard Avenue West, Suite 510Toronto, Ontario
  M2N 6K9Tel. [phone]Fax (416)
  733-2979Stanley_at_StanleyPotter.com
• http//stanleypotter.com

2
What are Child Support Guidelines?

• These are tables that have been established to
  provide consistency in the calculation of a fair
  standard of support for children. The Guidelines
  set out the monthly child support payments for
  each Province on the basis of the annual income
  of the spouse ordered to pay child support (the
  support payer) and the number of children for
  whom the table amount is payable.
• There is a threshold income below which no amount
  of child support is payable (currently
  7,999.00). Child support amounts are specified
  for incomes up to 150,000.00 yearly. Amounts
  over 150,000.00 yearly are determined by Section
  4 of the Guidelines.
• The amounts vary from Province to Province due to
  differences in Provincial Income Tax.
• http//stanleypotter.com/faq-support-payments.htm
  child-support-guidelines

3
What Should People Consider Before Filing for a
Divorce? (Part 1/4)

• The parties should consider reconciliation if
  possible. Section 9 of the Divorce Act requires
  lawyers to discuss reconciliation and to advise
  of available counselling facilities. Should
  reconciliation not be appropriate, attempts
  should be made to negotiation and settle all
  outstanding issues.
• The following issues should be considered
• CustodyThe best interest of the child should be
  paramount. Personal agendas and thoughts of
  revenge should be put aside. Consideration of the
  child's residence and who makes decisions should
  be reviewed.
• Sole CustodyThe child resides with one parent
  who makes all the important decisions, re
  health, education, and welfare.
• http//stanleypotter.com/faq-divorce-process.htmf
  iling

4
What Should People Consider Before Filing for a
Divorce? (Part 2/4)

• Joint CustodyThe principle residence is with one
  parent, but joint decision making.
• Shared or Co-ParentingThe child resides equally
  with both parents, (or as agreed) with equal
  input into decision making. The parties must be
  able to co-operate for this to work.
• AccessAccess is the right of the child. It is in
  the best interest of the child to visit with and
  maintain a relationship with the non-custodial
  parent. Access is not affected by failure to pay
  child support. Access should be reviewed as the
  child grows. Weekends, mid-week, sharing
  holidays, vacation time, telephone and e-mail
  access should be considered.
• http//stanleypotter.com/faq-divorce-process.htmf
  iling

5
What Should People Consider Before Filing for a
Divorce? (Part 3/4)

• Child SupportSupport is calculated pursuant to
  the Child Support Guidelines. The income of the
  payer spouse is required annually to adjust
  support. Each party is responsible to pay their
  proportionate share of Section 7 extra-ordinary
  expenses for such items as tutoring, daycare,
  camp, etc. (in addition to child support.)
• Spousal Support is based on dependency and
  entitlement. The Divorce Act sets out factors
  including length of marriage and role assumed by
  the spouses. The object is to relieve economic
  hardships and disadvantages due to break-up.
• Spousal Support Advisory Guidelines have come
  into effect to help calculate support and take
  into consideration the length of marriage, income
  of parties and number of children. Usually
  stay-at-home spouses, spouses under disabilities,
  or parties with large income disparities are
  entitled to support.
• http//stanleypotter.com/faq-divorce-process.htmf
  iling

6
What Should People Consider Before Filing for a
Divorce? (Part 4/4)

• EqualizationProperty acquired during marriage
  has to be divided (equalized). Valuation for the
  assets and liabilities are made as of the date of
  separation.
• Supporting statements should be obtained to
  substantiate all figures. Complete financial
  disclosure is essential for fair negotiations. An
  unequal equalization can be made in favour of one
  party if it would be unconscionable to divide
  property equally.
• http//stanleypotter.com/faq-divorce-process.htmf
  iling

7
When Can I Stop Paying Child Support?

• Section 31 of the Family Law Act provides that
  every parent has an obligation to provide support
  for his or her unmarried child who is a minor or
  is enrolled in a full time program of education
  to the extent that the parent is capable of doing
  so.
• Section 31(2) of the Act indicates that the
  obligation does not extend to a child over the
  age of 16 who has withdrawn from parental
  control.
• Therefore, an unmarried child under 16 or aged 16
  and 17 who has not withdrawn from parental
  control or 18 and over and enrolled in full time
  program of education and who has not withdrawn
  from parental control, are entitled to support
  from their parents.
• Usually supports lasts to the first
  post-secondary degree.
• http//stanleypotter.com/faq-support-payments.htm
  child

8
Can a Father Get Custody?

• Under Section 20(1) of the Children's Law Reform
  Act, the father and mother are equally entitled
  to the custody of the child.
• The old idea of a child of tender years being
  with the mother is no longer followed.
• The test is still "what is in the best interests
  of the child".
• As in all custody applications, it is helpful to
  have an independent assessment conducted by
  either the Office of the Children's Lawyer, or a
  private assessor in order to provide additional
  information and evidence to a Court and to
  provide an independent expert opinion as to the
  proposed parenting plan.
• http//stanleypotter.com/faq-divorce-children.htm
  custody

9
THANK YOU

• Stanley J. Potter, Barrister Solicitor40
  Sheppard Avenue West, Suite 510Toronto, Ontario
  M2N 6K9Tel. [phone]Fax (416)
  733-2979Stanley_at_StanleyPotter.com
• http//stanleypotter.com