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August 20, 2022 by Anthony Family Law

In Ontario, most child support orders are valid until the child turns 18. However, there are some exceptions that can extend an order. Sometimes, if the child turns 18 during their last year of secondary school, the support order could remain in place until the child graduates. Ontario also allows some support orders to remain active if the child decides to pursue college and is still a dependent during this time.

When you are issued a child support order, it’s important to review it fully so you know what the terms are, how much the support order is per month, and how long it lasts. If you have any questions about your child support order, our law firm can help you understand what it covers and what your options are if you think it should be different.

When Are Child Support Orders Issued?

Child support orders are issued when the parents of a child divorce. Child support orders can also be issued if two parents never married but one parent believes they may be entitled to a support order and petitions the court. It’s common for support orders to be issued in combination with child custody orders. The child support agency has to determine the amount of support from the financial records of the parents, so it can take some time to be finalized and put in place.

Can I Ask for a Modification to a Child Support Order?

It is possible for child support to be modified after it has been put in place. The first step is to look over your existing order and decide what change you are requesting. One of the most common modification requests is to lower the amount of child support ordered based on the payor losing a job or decreasing income. Next, you will need to file the paperwork with the courts and serve the other parent. If both parties agree to the change, the courts can modify the order and make it final. If the parties disagree, the case goes before the courts to make the final determination.

Can a lawyer Help Me With a Child Support Order?

While child support modifications are usually straightforward, a lawyer can be a valuable asset. They can ensure that the paperwork is completed correctly, filed with the appropriate departments and that it clearly explains the reason for the modification request. If the case has to go to the courts, a family lawyer can argue your position in the courts so that you don’t have to worry about preparing notes or going before a judge.

If you live in the Toronto area and are interested in modifying your child support order, schedule an appointment with our firm today to go over your options. We have experience with child support orders, including initial orders and modification requests, and can walk you through the process. Call 647-933-2397 to get started.

August 18, 2022 by Anthony Family Law

How long a divorce takes in Ontario depends on whether it is contested or uncontested and how many aspects the two parties agree on. An uncontested divorce is faster than a contested divorce and usually takes just a few months. A contested divorce can take much longer and may even take years to resolve if there are complicated custody decisions or several trials within the divorce.

Just because divorce is common doesn’t make it simple or quick. By rushing through the process, you may end up settling for less than you deserve. Talk with one of our lawyers to find out what you may be entitled to in a divorce and how long you can expect the process to take.

How Long Do I Have to Wait to File for Divorce?

In Ontario, the courts require that couples who want to divorce be separated for at least one year before filing for divorce. This is designed to ensure that couples don’t rush into divorce proceedings only to regret it later on. Having to live “separate and apart” for a year can also make it easier for the parties to know what they want out of the divorce agreement. For example, they may already have a visitation schedule that’s working for them so that can be easily incorporated into the divorce agreement. Spouses who are divorcing for reasons of abuse or infidelity do not have to abide by the waiting period.

What Are Some Options to Speed Up a Divorce?

The easiest way to speed up a divorce is to look at it as a cooperative process. The more both parties can agree on, the less time the courts have to use in making decisions that the parties can’t make for themselves. If you want to make your divorce as efficient as possible, try to work out agreements with your ex for the major issues like property division, child custody, and spousal support in advance so all you need is a judge to sign off and make it final.

When is the Divorce Actually Final?

Many people think that the divorce is final at the resolution of the last hearing or when the judge issues the divorce decree. However, this isn’t quite true. In Ontario, a divorce is final at 31 days after the judge grants the divorce. While this may be close enough to not be an issue for most people, parties getting a legal divorce so that they can marry someone else must pay careful attention to this timeline.

The first step in filing for divorce is to contact an experienced family law lawyer. Our divorce lawyers are knowledgeable about all facets of divorce and know what questions to ask to find out how long your divorce may take. To get more information and get the process started, call 647-933-2397 today to schedule your appointment.

August 15, 2022 by Anthony Family Law

The costs associated with a divorce include a few separate fees. These are the lawyer fees, the court costs, the filing fees, and any other expenses. Other expenses could be things like transportation costs to and from court hearings and hiring outside experts. Most of the money that you will spend on a divorce is for the lawyer fees.

Cheaper isn’t always better, and while it can be tempting to DIY a divorce to save money, it can cost you much more than money in the long run. Our lawyers can help you understand all of your options and rights when it comes to divorce and make sure that your interests are protected throughout the entire process.

How Much Does a Divorce Lawyer Cost?

The cost of a divorce depends on many factors, including the number of issues to be dealt with, the complexity of your case, the reasonableness (or unreasonableness) of both parties, the experience level of your chosen lawyer, etc. The more experienced your lawyer, the higher their hourly rate. Some straightforward cases can be handled exclusively by junior lawyers under supervision, whereas high conflict or high net worth family cases should be handled by counsel with years of experience dealing with similar cases.

What Can I Do to Make a Divorce Cheaper?

The general rule for divorce costs is the longer the divorce takes, the more you can expect to pay in lawyer fees. This is because most lawyers charge by the hour, and a divorce that takes longer than normal also usually includes more hearings, more time spent interviewing witnesses, and more time spent gathering evidence. If you and your ex can agree on the major points of the divorce, it is likely to be less expensive because it turns what can be a long back-and-forth process into just asking a judge to sign off on the agreement and make it final.

What Happens If I Don’t Have the Money for a Divorce?

If you don’t have the money for a divorce, there may be some options. Short-term loans are sometimes available and can give you the money for a retainer quickly. Friends and family members may also be willing to donate or loan toward the divorce funds. Some people also consider selling large ticket items or taking on another job to pay for the divorce, but it’s important to talk with a lawyer before selling marital property or doing anything that could impact the family finances, as this can affect the divorce proceedings themselves.

If you’re not sure if you can afford a divorce and need to know what your options are, contact our Toronto office at 647-933-2397. We can look at your case and let you know how much your divorce may cost and what options we have for moving forward.

August 14, 2022 by Anthony Family Law

Father’s rights is a blanket term that is used to refer to the rights fathers have to see their children. It has been used by some family law groups in relation to the idea that it is harder for fathers to get sole or equal joint custody of their children than it is for mothers. However, Ontario doesn’t officially have any kind of legal father’s rights. Instead, the family courts here operate under the assumption that both parents have equal rights to the children unless there are exceptional circumstances—such as abuse—that indicate otherwise.

If you’re a father who is fighting for custody or more visitation, it’s important to understand how parental rights work in Ontario and what your options are. Our law firm has experience with these types of cases and can help you form a strategy to pursue your case through the family courts.

Can the Mother Deny the Father Access to the Children?

In Ontario, the courts recognize that children have a right to have a relationship with both parents. This means that one parent cannot deny the other parent access to the children unless there is a court order specifically allowing this. Both parents must abide by any court order in effect regarding custody or visitation rights, and this includes providing access to the children as well as exercising any given visitation rights.

How Can a Father Get Increased Visitation Rights?

The primary way to get increased visitation rights is to petition the courts either to issue a child custody order with visitation if there isn’t one established already or to modify an order already in place. If there is already a custody order, it’s important to be able to show the courts that the children would benefit from having more time with you and that you have been an active, involved part of their lives thus far.

What is Involved in Changing a Custody Agreement?

To alter a custody agreement already in place, you will need to file a petition with the courts. These petitions need to show that there is a reason for the proposed change and that the change would be in the best interests of the children. This is an important distinction to note because many parents try to focus on why they should have access to the children instead of why the children should have access to–and a relationship with–them.

Navigating the family court system can be challenging, but it helps if you have an experienced family lawyer by your side. Call our office today at 647-933-2397 to find out more about how we can help with these cases.

August 12, 2022 by Anthony Family Law

A legal separation is an option for married couples who no longer wish to operate as a couple but who don’t want to get divorced. Couples who aren’t sure yet if they want to permanently end their marriage may choose legal separation as a trial to see if they want to get back together. In many cases, couples who choose to go through a legal separation will also live apart. However, it is possible to be granted a legal separation and continue to live in the same house.

If you are considering a legal separation, it’s important to understand all of your options and what a legal separation accomplishes. Our team of lawyers is familiar with the laws regarding legal separations in Ontario and can help you decide which course is best and help you start taking steps forward.

What is a Divorce?

A divorce is the legal dissolution of a marriage. While a couple can choose to no longer live together or operate as partners, they have to be legally divorced in order to remarry. A divorce also allows the courts to decide on matters related to child custody and issues orders for child support or spousal support.

Do You Have to Be Separated Before Filing for Divorce?

In Ontario, it is required that couples be separated for at least one year before filing for divorce. The exceptions to this are if the divorce is being filed because of abuse or because a spouse cheated. However, you don’t have to be legally separated to meet the separation requirements for a divorce. If you’re not sure if you have been separated long enough to file for divorce, talking with a lawyer can help you better understand this requirement and what you need to do before you move forward.

What Are the Benefits of a Legal Separation?

Beyond giving you time to decide if you truly want a divorce, a legal separation offers a few benefits. When you are granted a legal separation, you are still able to access the spousal benefits related to social security, health care, pension and retirement accounts, and taxes. You are able to reap all of the benefits the government provides for married couples while still being free to have an independent life.

If you are considering a legal separation, it is important to have all of the facts. A legal separation may impact how a divorce filing is handled later if you choose to move forward and should be treated as a serious legal action. Call our office today at 647-933-2397 to schedule an appointment with one of our lawyers who can help you understand legal separations and whether it’s an option for you.

August 10, 2022 by Anthony Family Law

Joint custody normally refers to parenting agreements that allow both parents to have a say in decisions regarding the children. This is called joint legal custody or joint decision-making responsibility. However, some people may also use this term to refer to physical custody, which is a separate matter in the courts. For example, the courts may order that one parent has sole decision-making responsibility, but the parents have an equal time split. This would be sole legal custody but joint physical custody.

Custody issues can get complicated. If you’re not sure what kind of custody arrangement you have–or are trying to determine what custody arrangement you want during a divorce–our lawyers can explain the different options and the pros and cons of each.

How Is Joint Custody Ordered?

Joint custody has to be ordered through the courts to be official. Unmarried parents, for example, may choose to share custody and decision-making responsibilities, but in Ontario, the mother has sole legal custody until established otherwise. To get a joint custody order decreed by the courts, you will need to fill out and file the appropriate paperwork that includes the current custody arrangement and the reason you are seeking joint custody.

What Happens If We Disagree on Something Not in the Custody Order?

A child custody order often outlines how major decisions will be handled and who gets the final say. For example, the order may specify that one parent has sole decision-making responsibilities for medical and education decisions, but that the parents have to agree on relocating out of the school district. If something isn’t specifically spelled out in your custody order and there is a disagreement, the matter may have to be settled through a trial in the family courts.

Can a Joint Custody Order Be Changed?

It is possible for a joint custody order to be changed, but it’s not an easy process. To have grounds for a custody order to be changed, you generally need to show that there has been a change of circumstances and that the original order is no longer reflective of the children’s best interests. You will also need to show in your petition why changing the order does reflect those best interests. Having a lawyer help you with that and be there to represent you in court can make things less intimidating and ensure that you put forth the strongest argument possible.

While the courts are increasingly recognizing that joint custody may be preferable for the majority of situations, it’s not the right option for every set of circumstances. Our firm can explain the different types of parenting agreements available in Ontario and help you devise a strategy if you think that a sole custody order may be the better option for your case. Call 647-933-2397 today to book a meeting with a member of our team.

August 8, 2022 by 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 a 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 a 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.

August 6, 2022 by Anthony Family Law

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 a 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.

August 4, 2022 by Anthony Family Law

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 a 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.

How Long Do You Have to Pay Child Support?