Anthony Family law

In Ontario, custody rights work a little differently for married parents vs. unmarried parents. With married parents, both parents automatically have presumed equal rights to the child before a custody order is in place. However, with unmarried parents, the mother is considered to have sole legal custody of the child until a court order is established. This means that the mother has the sole decision-making responsibility for the child and can decide when or even if the child visits the other parent.

If you aren’t married and are concerned about having access to or custody of your child, your first stop should be with a family law lawyer. Our firm can help you determine what your rights are and what legal options may be available to you.

What Rights Does the Other Parent Have?

When the parents are unmarried, the mother has assumed sole custody of the child. This means that the other parent doesn’t have any inherent rights to the child. If the mother allows the other parent to see the child, the other parent can get access that way, but this also means that if the mother stops allowing visits, the other parent doesn’t have any legal rights to the child until they go through the courts.

How Can a Custody Order Be Established?

A custody order is established through the family courts. When the parents are unmarried, paternity may need to be established before any custody order can be pursued. This may be true even if the father signed the birth certificate. Once legal paternity is established, the courts can put forth orders related to the child, including both custody and support orders.

Do I Need a Lawyer to Get Custody?

It is possible to pursue getting a child custody order in place without having to go through an lawyer. You will need to file the correct paperwork with the courts and pay any associated fees for the filing. You will also need to cooperate with any court orders, such as those mandating a paternity test. However, this process can be overwhelming and emotional, and it can help to have an lawyer to handle everything for you so you can focus on your needs and the needs of the children.

Whether you are a parent trying to get custody of your child or are an unmarried mother wondering what your rights are, we can help. The family courts can be challenging to navigate on your own, but our firm is ready and available to help you understand your options and how to get legal orders finalized. Call our Toronto office today at 647-933-2397 to find out more.

A parenting agreement is a legal document that lays out the parenting plan after a couple breaks up, usually through a divorce. It covers things like what the legal and physical custody split will be, outlines the visitation schedule, and provides instructions for what to do if there are disagreements or one party violates the parenting plan. The parenting agreement is one of the most important aspects of a divorce with children, so it’s important to ensure that it reflects your wishes and is comprehensive.

If you are planning to sign a parenting agreement, it’s important for an lawyer to review it to ensure that it reflects the best interests of the children and is in line with your parental rights. It is much easier to modify a parenting agreement before it is finalized by the court, and our lawyers can help you through the process.

What Are the Different Types of Parenting Agreements?

There are two main categories of parenting agreements: sole or joint. A sole parenting agreement means that one parent has the primary decision-making power–and often primary physical custody–of the children. A joint parenting agreement means that both parents are involved in the decisions for the children, and it usually gives both parties equal decision-making power. This ensures that the children get the benefit of having both parents active and involved in their lives.

Do Both Parties Have to Agree on the Parenting Plan?

If both parties can agree on a parenting plan without going through the courts, it can help speed up the process and make things less contentious. However, it is not required that both parties agree on the parenting plan. If the parents can’t come to an agreement, both parties will present their plan to the courts, and the judge will make the final decision that they believe reflects the best interests of the children.

How Do You Modify a Parenting Agreement?

Modifying a parenting agreement after it has been finalized can be challenging, but it is possible. In general, you will need to file a petition with the courts indicating that you feel the current parenting agreement is no longer in line with the children’s best interests and presenting a counter plan that you feel better reflects the needs of the children. The other parent will have the opportunity to review the proposed changes and either agree or move the case to be transferred into the courts for a judge to make the decision.

If you’re not sure what type of parenting agreement is the right one for your family, our lawyers can help. We can explain the pros and cons of each option and help you evaluate which one you want to move forward with. If there is a disagreement with the parenting plan, we are prepared to go to trial to resolve the situation. Call 647-933-2397 today to speak with one of our lawyers.

A common law marriage is when the courts recognize that a couple had a long enough relationship to qualify as a legal marriage even if they never formally married. Common law marriages can be very important when the relationship ends, as it can mean the assets go through marital property division, and child support and spousal support may come into play.

If you’re not sure if your relationship may qualify as a common law marriage, it’s a good idea to discuss your situation with a family law lawyer. If it does, you could be entitled to certain rights and provisions, and these are important to know before you end the relationship so you can take the proper steps.

What Qualifies as Common Law Marriage in Ontario?

To qualify for a common law marriage in Ontario, a couple must live together for at least three years. They have to live together in the same residence without any breaks. This means that a couple who broke up after two years and lived apart for a month before getting back together would restart the clock on whether the relationship qualified for a common law marriage recognition. An exception is made for couples with children, either biological or adopted. In these cases, the couple only has to continuously live together for one year for the relationship to meet common law marriage requirements.

What Happens When You Want to End a Common Law Marriage?

A common law marriage can be ended like any other relationship: at the request of either or both parties. In some cases, the relationship can simply dissolve, and both people go their separate ways, but if there are children or joint property involved, things can get more complicated. In these situations, the common law marriage is recognized by the courts, which means that a child support order or spousal support order may be issued.

Do I Need a Divorce Lawyer for a Common Law Marriage?

If your relationship qualifies as a common law marriage and you are ending it, you may want to consult with a divorce lawyer to ensure you are aware of all of the potential consequences and your rights. If there are children or joint assets involved, talking with an lawyer can help you understand your options, and they can help you start the paperwork for a child support order or custody arrangement.

To find out more about how Ontario recognizes common law marriages and what this may mean for the end of your relationship, contact our office at 647-933-2397. Our lawyers can talk with you about your circumstances and provide counsel on your options.

The Ontario family courts award child support when there are children involved in a divorce based on the amount of the parental income. Child support is determined by a basic formula, but it can be adjusted for special circumstances such as extraordinary expenses, or the amount of time shared by the parents.

If you’re not sure if your situation is likely to include a child support order, our lawyers can help. We can go over the details of your case, including your income and number of children, and help you understand how much support you may be paying–or receiving–and what needs to be done to get a support order in place.

How Long Do You Have to Pay Child Support?

Child support orders usually stay in effect until the child has reached the age of 18. However, in some cases, the support order may also continue to be active if the child goes on to pursue a college degree. Child support orders can also be terminated early if the child is no longer considered a dependent for legal purposes. The amount of time the child support order is valid should be explicitly listed in the paperwork.

What Happens if You Don’t Pay Child Support?

If you don’t pay your child support payments as ordered, you are considered delinquent. If you fall far enough behind, the Family Responsibility Office can garnish your bank account or take part in any federal government payments to catch you back. In serious cases, it is also possible for your driver’s license and passport to be suspended or a lien to be put against your property.

What Can I Do if I’m Behind on Child Support?

If you are already behind on your child support or you are concerned that you won’t be able to make your payments, it’s important to contact the Family Responsibility Office as soon as possible. They can help you set up a payment plan to get caught up and avoid further penalties, and they may be able to offer guidance on whether your circumstances qualify for the child support order to be modified.

Not paying child support can have serious consequences, and it’s important not to just let your payments go. Child support continues to accrue while you’re not paying and can include fines and other fees. If you don’t think you are going to be able to pay your child support or feel that the support order amount is beyond your means, it’s time to talk with an Ontario family law lawyer. Our lawyers help clients in the Toronto area understand child support orders and what to do if they fall behind on support.

What child support should be used for is a common question for both the parent receiving the support and the one paying. While child support monies don’t have to be spent on specific items, it is meant to provide for the children’s financial needs. Child support can be spent on clothing, food, housing, utilities, school supplies, activity fees, and anything else that supports the basic needs of the children.

If you have questions about child support and what that money should be going to, talking with a family law lawyer can help. Our firm can review your child support order and provide counsel on whether the support amount is reasonable and what you may be able to do if you wish to make changes.

Is Child Support Automatically Taken Out of Your Check?

In Ontario, it is common for child support payments to automatically be taken out of the payor’s paycheck. The way this works is that the courts must issue a support deduction order. The Family Responsibility Office will then let the paying parent’s employer know that the support amount should be deducted from their check. It is also possible to pay child support through other means than automatic paycheck withdrawals.

How Long Does it Take to Get Child Support?

The amount of time it takes to start receiving child support can vary depending on the circumstances of your case. The primary things that impact the timeframe include how long it takes for a child support order to be issued by the courts, whether the payments are being made through automatic paycheck deduction, and how long it takes for the funds to move between accounts. It’s normal for it to take a month or two from the child support order being finalized to actually receiving payments.

Can You Petition to Change the Child Support Amount?

Child support amounts in Ontario are calculated by taking into consideration parental income and the number of children the support order covers. However, there are special circumstances that can warrant having the normal amount adjusted up or down. If you think that the child support amount ordered by the courts isn’t reasonable or there has been a change in circumstances–such as a change in parental income–which would change the support amount, you can talk to a family law lawyer about asking for the order to be modified.

While most child support orders are simple to calculate and fall under normal guidelines, an lawyer can still be a helpful resource in ensuring you know what to expect. You may also want to speak with a lawyer about how support orders are enforced and what the possible penalties are if you fall behind. Get started by scheduling a meeting with one of our lawyers by calling 647-933-2397.

The end of a relationship is an emotional and difficult time, and who gets what may be one of the last things on your mind. But the truth is that property division is an important part of the divorce process, and it’s something that needs to be handled sooner rather than later. If you have a marriage contract or cohabitation agreement in place, the property division process may be as simple as asking the courts to enforce that contract. If you didn’t prepare a marriage contract ahead of time, it’s important to talk to a Toronto divorce lawyer about how property is divided, how the family home is handled, and what your next steps should be.

Any time you are going through a divorce or relationship separation, the potential for complex property division issues exists. Discussing your case early on with a family law lawyer can help you understand how the Ontario property division guidelines may be applied to your case and what you need to know about the process.

What Are the Property Division Guidelines in Ontario?

Property division guidelines in Ontario are based on the idea of net family property. While each situation is unique, there is a general formula that is used to come up with the value of the net family property. Depending on the net family property share, one of the parties may need to make an equalization payment to the other to ensure that the property division is equitable.

To calculate the net family property, you add up all of the assets other than the marital home–this is handled separately–and the value must be distributed equally between the parties–that you owned as of the date of the end of the marriage, usually referred to as the date of separation. This is the family property.

Then, add up all of the assets you owned at the date of marriage minus any debts you had at that time. This is your individual property. Lastly, subtract the individual property value from the family property value to get your net family property share. If you get a negative number, it is treated as zero.

To find out if one party needs to pay the other an equalization payment, you take the larger of the two shares, subtract the smaller number, and then divide the result in half. This number is the proposed equalization payment.

While this is the general process for determining net family property, it’s not how all cases are treated. There can be complex assets involved that require a more detailed valuation, and common law spouses may have unique situations where the majority of the marital property is in individual names. It’s always a good idea to talk with a family law lawyer about property division, especially if you have a common law relationship or think you might have a more complicated property division situation.

How Does the Family Law Act Impact Marital Property Division?

The Family Law Act provides all of the information Toronto property division lawyers and the courts need to determine what is marital property versus what is the individual property and how the assets should be equally divided. It covers all aspects of divorce, including net family property, what happens to the family home, spousal support, and child support.

While it’s important to be familiar with the Family Law Act, it can be difficult for the average person to understand exactly what it outlines and how it applies to real-world scenarios. Much of the language in the Family Law Act focuses on things like equitable division and the best interests of the children, which can vary greatly from situation to situation.

For example, equitable division of the assets in one case may mean selling assets and splitting the profits equally. In another, it could be dividing ownership of the assets between the two parties. While the second way may not resolve in an exact 50/50 split when it comes to valuation, the division may still be considered equitable by the courts.

How Do the Courts Decide Between Individual and Marital Property?

What counts as individual property or marital property with the courts is something that many people are confused about going into a divorce. In general, marital property is property that was acquired during the marriage, and individual property is property that was owned prior to the relationship. However, there are a few exceptions to this, with the main one being the family home. The family home is considered a joint asset of marital property, even if one party owned it individually before the marriage or it was gifted to or inherited by one party during the marriage.

In some cases, assets that you receive during the marriage may be considered individual property. These include money from life insurance, real estate other than the main family home that was received as a gift or inheritance, and compensation from a personal injury settlement.
Common law relationships with common law spouses are usually subject to the same rules on what is net family property and what is individual property.

How Can an lawyer Help Me With Complex Property Division Issues?

Some property division cases are simple. Everyone agrees on how the assets are to be divided, and there isn’t anything beyond a bank account, a house, and a couple of vehicles. But in many cases, property division can get much more complex and difficult. In these cases, a family law lawyer can help in the following ways.

Ensuring All Assets Are Disclosed

It’s not unusual in contentious divorces for one party not to have a clear picture of the joint finances. There may be assets or investments you aren’t aware of, and sometimes, you may not even know how much money is coming into the household on a monthly basis. Without an lawyer, you are relying on the other party to be honest when they do their financial disclosure. If you think that there may be assets that weren’t disclosed or your ex wasn’t honest about how much money they make, an lawyer can investigate to get accurate information and ensure that the property division is based on thorough, accurate information.

Advising on Your Rights

If you don’t know what your rights are when it comes to dividing marital property, you may agree to a settlement that is far less than you deserve. Hiring an lawyer ensures that you have legal counsel that is interested only in your rights. Your lawyer can provide you with the pros and cons of agreeing to a settlement versus taking the case to trial and ensure that you are aware of all of your options.

Toronto divorce lawyers know the local laws and are familiar with the Ontario court system, which makes them especially suited to helping you navigate divorce issues such as marital property division. And the team at Anthony Family Law is ready to discuss your case, advise you of your options, and put our years of experience to work for you. Call 647-933-2397 to schedule your appointment today.