Our firm runs several webinars throughout the year where we discuss all things family law. In this blog, we have assembled some of our most frequently asked questions as they relate to divorcing during the pandemic.
Q1) Is the parent who stays home and takes care of the child(ren) entitled to more child support during COVID?
Generally speaking, child support is based upon the Child Support Guidelines and each party’s respective incomes regardless of the pandemic’s restrictions or not. There may be certain circumstances and expenses that would be considered a special or extraordinary expense (s.7), in which case one party may be required to pay more for that expense, but it depends on the prior arrangement of the parties.
Q2) How do you file a motion during the pandemic to change consent regarding child support?
The pandemic has forced both Courts and law firms to shift digitally. As a result, we are now able to file form electronically online. You can find some helpful resources to do so: here and here.
Q3) Are you seeing a trend towards electronic financial disclosure between lawyers?
During the pandemic, nearly all family law disclosure has been done electronically through email or electronic filing. This has significantly increased the efficiency of the family law process. Almost 90% of our cases now are settled via Zoom!
Q4) Do we have to robe for Zoom motions?
This question is targeted towards lawyers and their required attire for Court. Currently, the requirement to gown for an appearance in the SCJ is suspended. Counsel, parties and others participating in video hearing are expected to dress in appropriate business attire. Judges will similarly dress in business attire.
Q5) Now that everything has moved virtually for the foreseeable future, has your practice changed in terms of your jurisdiction. For instance, are you now taking files outside of your usual office locations?
Yes. The shift to digital has enabled us to expand our legal expertise to a broader community. Our firm is fully equipped to represent clients across all of Ontario through virtual technology.
If you found this information helpful or are interested in one of our webinars, our next one is on Wednesday, June 9th at 12pm. We will be discussing “How to Divorce During the Pandemic”. You can register at the link: here
If you are going through a separation or other family law related issues, to ensure you understand all of your options and rights, you do not need to wait and you can get started online with us today or get in touch with us.
