When you marry, any existing Will is automatically revoked. In the situation of this, the rule of law takes charge in deciding how your assets are divided, until the parties involved in the marriage contract renew their Wills to effect their new status. Mostly, this would mean your entire estate would go to your wife,
Child Support
Video Conferencing in Family Court – We Need It Now
In the Canadian commercial law context, electronic trials (paperless trials), while not the norm, have been embraced by some members of the judiciary as early as 2014. For example, Justice D.M. Brown, in Bank of Montreal v Fabish, a commercial litigation case, called upon members of the judiciary and counsel to make greater use…
5 Myths You Were Told By Family and Friends About Child Support
1) If my child(ren) live 50/50 with each parent, there is no obligation to pay support
This may be true but is likely not. If child(ren) spend more than 40% of their time at each parent’s home, this is referred to as shared parenting. In these circumstances child support can be different than the child support guidelines. The first step in determining child support obligations in a shared parenting arrangement is to determine each parent’s income for support purposes and determine their child support obligation in accordance with the Child Support Guidelines.
The second step is to determine the ‘set-off’ amount of child support. This is determined by deducting the lower support payment from the higher payment. For example:
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How Does the New Canada Child Benefit impact Spousal Support?
As most families are aware, the new Canada Child Benefit (“CCB”) effective July 1, 2016 is the replacement for the Child Canada Tax Benefit (“CCTB”) & the Universal Child Care Benefit (“UCCB”). Prior to the implementation of this new regime, we often found parties with a shared parenting arrangement negotiating the rotation of benefits and…
A Parents’ Guide to Children and Divorce
Source http://www.bestmastersincounseling.com/children-and-divorce/
A Parents’ Guide to Children and Divorce
Divorce is one of the most traumatic experiences a person can go through, whether they’re a spouse or a child of divorcing parents. Let’s look at some of the facts behind divorce and its effects on children, including how parents can help ensure their…
Divorce Fears
Separation and Divorce: these words bring up feelings of pain, disappointment, fear, and uncertainty. Are you worried about the way this will impact your children, and what the financial implications will be – How will my children cope? Can I afford to stay in the home? This is normal. You don’t want to be the …
Reducing Family Conflict
“We don’t agree on much, but we want to protect the kids”
Does this sound familiar? Parental conflict in a family may be high whether you’re separating, living separate and apart under the same roof, or working through conflict as a married couple. And it comes as no surprise to you that the emotional health…
Post-Secondary Education and Child Support
Does child support end when a child reach age 18 years? Our lawyer Lynn Kirwin answers this question in detail.
The courts have recognized that financial dependency does not end upon a child turning 18. Under the Divorce act and the Family Law Act there is no upper age limit under which support automatically terminates. …
Uncontested Divorce: How To Get Yours
Obtaining a uncontested divorce is the final step in the dissolution of your marriage.
Usually we resolve all of the issues of your divorce including issues related to the children (custody and access), child support, spousal support and property issues before we proceed with the divorce. We settle these issues in a separation agreement or…
How Do Fathers (or Mothers) Get Custody of their Children?
There is a myth that fathers never get custody. This myth is based on the historic fact that most children traditionally were raised by mothers and that fathers were the bread-winners. As a result, in those days, it made sense that the courts assumed it was in the best interests of the children to be…