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Posts from the ‘Wednesday’s Video Clip’ Category

Can a common-law couple adopt a child?

Can a common-law couple adopt a child?

In Ontario, common-law spouses have the same rights as married spouses to adopt a child; they are also subject to the exact same requirements. These include the requirement that they have both reached the age of 18, that they provide certain documents (e.g. medical reports, police clearance reports, letters of reference, financial statements, and similar) and that they participate in both a home study process and an education program. The home study may be completed either privately, or by a Children’s Aid social worker.

 

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

 

Wednesday’s Video Clip: How Long Does Child Support Continue in Ontario?

Wednesday’s Video Clip: How Long Does Child Support Continue in Ontario?

In Ontario, child support must be paid as long as the child remains a dependent.

In this video, family lawyer Russell Alexander discusses how long child support continues and when a court, or parents, should consider stopping or terminating child support payments.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: How to Find More Information About Ontario Family Law

Wednesday’s Video Clip: How to Find More Information About Ontario Family Law

In this law video Russell Alexander review the different ways you can get more information about family law.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Can an Ontario Support Agreement or Order Be Changed?

Wednesday’s Video Clip: Can an Ontario Support Agreement or Order be Changed? 

Yes, if both parents agree, they can simply make the change to the existing agreement or make a new agreement. The agreement must be dated, signed by both parents, and signed by a witness. The new agreement should be filed with the court where the original one was filed and then mailed to the FRO. If it is not filed with the court, the FRO cannot enforce the new support amount. If the parents cannot agree about changing the agreement, then either parent can go to court and ask the court to make an order about support. A court order can also be changed, but only by the court.

Either parent can go to the court that made the original order and ask the court to change it. The court will do this only if there has been a significant change in circumstances. For example, if:

• the paying parent’s income has gone up or down significantly

• the child has withdrawn from parental control

• the child has moved from one household to another, or

• the child has medical expenses

If the order has not been changed since the Child Support Guidelines became law in 1997, then the fact that the Guidelines are now in effect is also enough reason for the court to consider changing the order.

A change in the income of the parent receiving support is not usually a reason to change the order. This is because, under the Child Support Guidelines, that parent’s income is not usually taken into account when support is set. But there are some circumstances in which their income is considered when support is ordered.

Remember, if you do go to court to change an order, the judge will almost always apply the Child Support Guidelines. Before applying for a change, find out how the Guidelines would affect you.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Top 5 Questions About Spousal Support in Ontario, Canada

Wednesday’s Video Clip: Top 5 Questions About Spousal Support in Ontario, Canada

In this video Russell reviews some of the more common questions about spousal support in Ontario, including:

1) What is spousal support?

Spousal support — which is sometimes called “alimony” — is money paid from one spouse to the other after the dissolution of the relationship. The obligation to pay spousal support is a legal one, and may arise either from a marriage, or from a common-law relationship.

2) What is the legal basis for obtaining spousal support?

The obligation for one spouse to pay spousal support to the other does not arise automatically from the fact that the parties had a relationship together (whether formally married or common law). Rather, the spouse who is claiming spousal support must prove an entitlement to it.

A court may order spousal support, and will set an amount and duration based on various factors that exist between the parties. The jurisdiction for a court to award spousal support comes from either the federal Divorce Act (as part of a divorce order), or from the Ontario Family Law Act.

3) What factors dictate the duration and amount of spousal support?

The determination of how much support a spouse should receive, and for how long, is a complex equation. In making a spousal support order courts consider several factors, including:

• the length of the entire relationship (including time living together before marriage);

• the financial circumstances of each spouse, both during the relationship and after separation;

• the functions performed by each spouse during the relationship;

• the financial repercussions or detrimental financial effect on one or both spouses of caring for each other or for any children of the relationship; and

• each spouse’s ability to support him or herself.

In some cases one spouse may have suffered a financial loss or disadvantage as result of joint career and lifestyle decisions made during the marriage or relationship (for example the decision to move the family so that a spouse can take a new job, or that the mother will give up her career to stay home and raise the children). A disadvantaged spouse will be entitled to support to compensate him or her for that setback.

There may also be a limit on the duration of the support that one spouse receives from the other, as means of encouraging the recipient spouse to achieve post-separation financial independence as quickly as possible. Alternatively, the order may contain a built-in review mechanism.

Note that there are certain tax consequences relating to spousal support — both from the payor’s and the recipient’s perspective. In short — and provided it is paid pursuant to either a written separation agreement or a court order — it is considered “taxable income” in the hands of the spouse who receives it, and is deductible from the taxable income of the spouse who pays it. These tax ramifications are taken into account when determining the amount of support.

4) How does the spouse’s behaviour affect spousal support entitlement?

Generally speaking, the entitlement to spousal support is not dependent on the spouse’s pre- or post-separation behaviour, morality, or ethical conduct. In other words, a spouse who is otherwise entitled to spousal support after the dissolution of a marriage will not become disentitled because he or she was violent, or because it is later discovered that he or she had an extra-marital affair during the marriage.

Having said that, a court’s determination of the amount and duration of spousal support will hinge upon each party providing forthright, comprehensive financial disclosure to each other. If in making the determination the court feels that one spouse has withheld financial information (e.g. has failed to disclose a source of significant income), the court may impute income to the spouse and award the other spouse his or her support accordingly.

5) What happens if there is a change in circumstances?

As indicated above, the notion of one spouse receiving spousal support from the other is rooted in several concepts and principles, including:

i) the financial disadvantage or dependence that relationship gave rise to must be redressed post-separation; and

ii) the ability of the paying spouse to fund the spousal support award must be taken into account. The amount or duration of spousal support may have to be adjusted if there is significant change in the financial circumstances of either party. This change must be significant, and must not have been foreseen when the separation agreement or the court-ordered spousal support award was made.

We hope you have found this video helpful. If you require further information about spousal support please give us a call or visit our website at Russellalexander.com

Wednesday’s Video Clip: What can I do if my spouse doesn’t want to get divorced? 

Wednesday’s Video Clip: What can I do if my spouse doesn’t want to get divorced? 

If your spouse wants to oppose your divorce and you have been separated for more than one year, then there is very little they can do to stop it. Once you have filed an application, they must file materials claiming that the two of you have actually not been living separate and apart for that period of time. If they choose to do this they may be able to delay your divorce, but in most cases you can fairly easily provide evidence of the truth and your divorce will go through. A brief attempt at reconciliation after your initial separation (less than 90 days) will not count towards interrupting the one year separation period.

One way your spouse can make things more difficult for you is if they actively attempt to avoid service of the divorce documents. If you think this might occur, you can simply avoid warning your spouse of your intentions and a process server can easily surprise them with the documents. Once the process server confirms a person’s identity, they can leave the documents with that person even if the person refuses to physically take them.

A more difficult situation occurs if you cannot find your spouse at all. In this situation you must prove to the court that you made significant efforts to find your spouse. This can include telling the court that you have spoken to family and friends, tried to contact your spouse via email and Facebook and taken any other obvious steps you could think of. You will have to fill out additional paperwork to prove this and you may want to retain a lawyer to help you do so to convince the court that you have done this thoroughly.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Our Book, “The Path to a Successful Divorce”

Wednesday’s Video Clip: Our Book, “The Path to a Successful Divorce”

While the breakdown of a marriage is never an easy or happy time, the process can go smoothly or it can be a roller coaster. On top of all the emotional turmoil, it is time-consuming, costly and very confusing. That’s why Russell Alexander has written a book outlining the path to a successful divorce, taking readers step-by-step through the process from finding a lawyer to handling post-litigation issues. In 300+ pages, Alexander’s new book, readers will find a solid grounding on the key questions about family law that they’ll face as they go through a divorce, including whether they’ll need a separation agreement first, how courts view adultery and why representing yourself is a bad idea.

Order a copy here.

Or come into one of our offices and get a copy!

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

 

Wednesday’s Video Clip: Russell Alexander, Family Lawyers 

 

Wednesday’s Video Clip: Russell Alexander, Family Lawyers 

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com