FREQUENTLY ASKED QUESTIONS
Our Family Law experts have compiled a comprehensive list of frequently asked questions to provide you with quick and concise answers.
Child support in Ontario is typically calculated based on the federal and provincial Child Spport Guidelines. These Guidelines are designed to ensure that children receive appropriate financial support from their parents following a separation or divorce. A general overview of the key factors involved in calculating child support in Ontario are as follows:
1. Determining income; 2. Calculating sources of gross income; 3. Ascertaining basic child support amount (otherwise known as Table child support); 4. Ascertaining special and extraordinary expenses (otherwise known as section 7 expenses); 5. Parenting time (previously referred to as Access); and 6. Any other relevant factors that may affect the quantum of child support (such as a claim for undue hardship).
Keep in mind that this is a general overview, and child support calculations can become more complex based on individual circumstances and any variations in income, parenting arrangements, or special expenses. At Caspersz Chegini LLP, our skilled Team of Legal Professionals specialize in navigating these calculations, while providing personalized guidance on child support matters in Ontario.
Calculating spousal support in Ontario is a complex process that takes into account various factors. Spousal support (often referred to as alimony) is meant to provide financial assistance to a spouse following separation or divorce. A general overview of the key factors involved in determining spousal support in Ontario are as follows:
1. Eligibility; 2. Income(s); 3. Needs and circumstances; 4. Spousal Support Advisory Guidelines (SSAG); 5. Duration of support; and 6. Any other relevant factors that may affect the quantum of spousal support (such as property and parenting arrangements).
It is crucial to note that spousal support calculations can be intricate, and individual circumstances can significantly impact the final outcome. At Caspersz Chegini LLP, our skilled Team of Legal Professionals specialize in navigating these calculations, while ensuring that your rights and obligations are appropriately addressed during the process.
Married Couples
In Ontario, the division of assets and property during a divorce is governed by the Family Law Act. The primary principle is that marital property is generally subject to equal division between the spouses (known as “equalization” in Ontario), but this does not necessarily mean a strict 50-50 split. Instead, the goal is to achieve a fair and equitable distribution based on various factors, leaving room for unequal division of assets to occur. The process generally involves the following steps:
1. Determining the Date of Valuation (also known as the Date of Separation); 2. Identifying Family Property and Excluded Property; 3. Division of Family Home/Matrimonial Home; 4. Calculating Net Family Property; 5. Determining the Equalization payment (if any); 6. Consideration of Individual Circumstances; and 7. Negotiation or Court Action.
It important to note that property division in a divorce can be complex and can vary depending on the specific details of the marriage and assets involved.
Common Law Couples
In Ontario, property division for common-law spouses is different from that for married couples. Common-law couples are not subject to the same property division rules as married couples under the Family Law Act. Instead, the division of property for common-law couples is primarily governed by principles of trust and property law. A general overview of how property is typically divided for common-law spouses in Ontario is as follows:
1. Ownership and title; 2. Jointly Acquired Property; 3. Contributions; 4. Trust Principles; and 5. Written agreements (such as domestic contracts/prenuptial agreements).
It is essential to understand that property division for common-law couples is a complex area of law, and outcomes can vary widely depending on the specific circumstances of each relationship and the contributions of each partner.
Whether you are married or are in a common law relationship, the team at Caspersz Chegini LLP can help ensure that your rights and interests are protected during property division. Click here to take the first steps in understanding those rights and interests.
In Ontario, two people are considered common-law partners if they have been continuously living together in a conjugal relationship for at least three (3) years or for one (1) year if they have a child together by birth or adoption. Although common-law spouses have the same rights to parenting and decision-making for children, as well as support, as partners who are married, property rights for common-law spouses in Ontario are different from those of married couples.
In Ontario, common-law couples do not have the same automatic property rights as married couples. Instead, property rights for common-law spouses are primarily governed by principles of trust law and can be more complex. It is important to understand that property division for common-law couples depends on individual circumstances, including contributions made during the relationship. The experienced Team at Caspersz Chegini LLP are no strangers to these differences. Click here to learn to start understanding your individualized property rights and entitlements, whether you are married or are in common-law relationship.
In Ontario, the issue of grandparents' visitation rights is approached with a focus on the best interests of the child. While grandparents do not have automatic legal rights to visitation, they can seek access to their grandchildren through the court system under certain circumstances. The Family Law Act recognizes the importance of maintaining relationships between children and their extended family members, including grandparents.
Given the complexity of this issue and the unique circumstances in each case, it's highly advisable for grandparents seeking visitation rights to consult with an experienced family lawyer. The Team at Caspersz Chegini LLP can provide guidance, help navigate the legal process, and ensure that the best interests of the child are upheld while preserving important family relationships.
For tailored assistance in this area, we invite you to benefit from our complimentary 30-minute consultation. To explore further, simply click here.
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