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Archive for the 'Family Law' Category

At What Age Does a Child Decide the Custody & Access Schedule?

Monday, October 15th, 2007

The actual law in Ontario [Canada] says that a child’s views and preferences, if they can be ascertained are a factor to be determined when it comes to custody and access rights. So there is a long list of factors, one of which is the child’s views and preferences. …

What is Collaborative Family Law?

Monday, October 15th, 2007

And in the field of Family Law, the concept of collaborative is to be compared to the opposite word which is adversarial. So the legal system is adversarial. Two people come to court with lawyers, one makes one argument, the other makes a contrary argument and you hope that the judge will find the truth somewhere in the middle and make a decision. Whereas in Collaborative Law, …

What are the Implications of Sharing Custody?

Monday, October 15th, 2007

From the time that the recent child support guidlines changed, so some time in the late 1990’s, I believe around 1997-98, at that time the law changed so it said that if a person had the children 40% of the time or more they can ask for a reduction of their child support obligation. So what ended up happening with that change in law was a lot of people …

How Should I Respond to Threats of Legal Action?

Monday, October 15th, 2007

Yours is a situation where you have to have a resolution to your affairs and just because you think, or she threatens to “take you to the cleaners”, that may simply be an idle threat. That might be a threat to cause you to be a bit more generous than what you would otherwise have to be according to the …

What is the Purpose of a Separation Agreement?

Monday, October 15th, 2007

… and at the very begining of the agreement, it usually says something like, “this agreement is a full and final settlement of all of your legal affairs.” And then it lists what those issues are, whether it’s the children or property issues, and so forth. …

Why Do I need a Marriage Contract?

Monday, October 15th, 2007

If a couple gets together, and on the date of marriage, the husband is worth $10 and the wife was worth $0, and they were together for 20 years. And on the date of separation the husband has gone from being worth $10 to $25. What do we split $25 or $15? The answer is the growth. $15. The husband writes the wife a cheque for …

When Does Support End?

Monday, October 15th, 2007

You’re asking if support can terminate. And the answer is support can terminate if that’s what the agreement that you negotiated says. … You have something in your hand either called a separation agreement or a court order. Otherwise there wouldn’t be support paid. There has to be something that …

Can I Use My Maiden Name After I Divorce?

Monday, October 15th, 2007

Well, when you divorce you have the right to apply to have your name changed, and in fact you can go back to your maiden name. And, that is something you can take care of through the government office called the Registrar General. And so, you have the right to revert to your maiden name if you wish.

Where Can I Get Free Legal Advice?

Monday, October 15th, 2007

Any court in Ontario [Canada] has in the courthouse, in the Family Court courthouse, a Family Law Information Centre as well as a lawyer paid for by Legal Aid Ontario to be able to give you summary advice. So what you might want to do is, if you are in a situation where you cannot afford a lawyer, you can either …

How Is Child Support Calculated?

Monday, October 15th, 2007

Child support is based on the non-custodial parent’s income. So your ex-husband’s income determines the amount of child support that he has to pay you. … Child Support Guidelines between British Columbia [Canada] and Ontario [Canada] are very very close because those are the two provinces in Canada that have the highest cost of living. So the amount …