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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.

August 2, 2022 by Anthony Family Law

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.

August 1, 2022 by Anthony Family Law

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, a 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.

What is a Legal Separation?