Webinar FAQ: Top 10 Things You Should Know About the Divorce Act Changes
1. When does child support end?
For children under 18 years old, child support is non-discretionary and is based on the parent’s income. For children over 18, it depends on the circumstances. If the child is pursuing full-time education or has a disability, child support may still be required.
2. Can alimony be a lump sum or indefinite?
Yes, spouses may often have the option for either a lump sum or indefinite if they enter into agreement with each other.
3. If one party is unemployed for an extended period of time, are they still required to pay support?
This would depend on the agreement in place. If you have an agreement to indefinite spousal support, you may be held to that agreement. Child support is typically adjusted each year based on the party’s current income.
4. When would the use of Family Dispute Resolution be inappropriate?
The use of Family Dispute Resolution would be inappropriate if there is a history of family violence, an power imbalance, or a history of coercion or controlling behaviour.
5. In the context of the one-year separation period before filing for divorce, how is the date of separation established?
The date of separation is determined as soon as one spouse decides the relationship is over. It is useful to have this documented in a text or email. You do not need to be physically separated or even have the approval of the other party in order for the separation to be established.
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