By on 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 … Continue Reading
By Lynn Kirwin on The Office of the Children’s Lawyer (OCL) is a government agency that represents children in custody and access proceedings. A judge cannot order that the OCL act for a child but simply can “request” that it do so. The government agency has the discretion to, • decide whether to have a child’s lawyer appointed; • … Continue Reading
By Brian Galbraith on Here is a new tool for family law clients. It is an interesting flow chart that explains the various processes for resolution of family law issues. Unfortunately, it gives very little space to Collaborative Practice and ignores the interdisciplinary nature of the process but it details the court process well. I think you’ll enjoy it! … Continue Reading
By Brian Galbraith on 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 … Continue Reading
By Brian Galbraith on 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 next casualty of … Continue Reading
By Toni Nieuwhof on “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 and well-being of … Continue Reading
By Brian Galbraith on 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. … Continue Reading
By Brian Galbraith on 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, … Continue Reading
By Brian Galbraith on 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 … Continue Reading
By Brian Galbraith on Trust is essential for every relationship and is often damaged when people are getting divorced. It can be damaged many different ways. An affair, a lie or a betrayal can damage trust. Trust may also be broken when people change and no longer understand each other. They just grow apart. In my life, I know … Continue Reading
By Brian Galbraith on I have four children and my wife is pregnant. Children are the focus of our lives. The first three are from my first marriage. I remember feeling very worried about how they would do when we separated. I did some research at the time and did my best to make it work for them. I can … Continue Reading
By Brian Galbraith on More and more children are no longer able to leave home when they become adults, or are returning home to live with their parents even after completing post-secondary education. There are fewer "empty nests" these days. There are many reasons for this new trend. What is alarming for divorced parents is that in Ontario you … Continue Reading
By Brian Galbraith on Below is a fantastic graphic about the cost of kids. I have four of them and can say, without a doubt they are expensive and worth every dime. They truly enrich my life. Created by: EarlyChildhoodEducation… Continue Reading
By Brian Galbraith on Brenda Shapiro, a lawyer in Florida, submitted the following article to me about how in the USA there are provisions for wealthy parents to pay money into trust funds for their child as child support. We don’t have such statutory provisions in Ontario, Canada but I really like the idea. In Brenda’s example, a young … Continue Reading
By Brian Galbraith on Determining income is the first step toward determining the proper level of child support and spousal support. This is easy to do for employees. We just look at line 150 of their personal income tax return. The challenge is determining the proper level of income for those people who are self-employed or are employed by … Continue Reading
By on Guest post by our lawyer John Ewen People will often say to me when I first meet them for a consultation “My ex and I are trying to figure out a fair amount of child support, but we’re stuck. Do we just use the Table?” As with many questions about the law, the answer is: … Continue Reading
By Brian Galbraith on Do you remember the day you separated? How did it happen? Was a note left or an email sent to say it’s over? Maybe a text? Maybe it was a screaming match? Maybe it was just a sad mutual realization that your marriage was over? Regardless of how it happens, the date of separation is … Continue Reading
By Brian Galbraith on In Ontario, child support can be changed if there is a change in circumstances such as a change in income or a change in residence of the children. Here are the steps. The first step is to determine the payor’s income. (The "payor" is the person who has the children less than 40% of the … Continue Reading
By Brian Galbraith on Can you imagine receiving a $150,000 per month, tax free? Karen Sala certainly could and sued Keanu Reeves hoping he would be ordered to pay that tidy sum to her. She was not successful. A recent article in The Star declares that the paternity case against Keanu Reeves by Sala was dismissed by the Ontario … Continue Reading
By Brian Galbraith on Child support in Ontario divorce cases is determined by the Federal Child Support Guidelines. It’s simple. You take your income as set out at Line 150 of your income tax return and look up your obligation according to the number of children you have. Voila. But… and this is important… if your children are with … Continue Reading
