The process of separation and divorce can be overwhelming and confusing. At MyOntarioDivorce.com, we always encourage our clients to prioritize the needs of their children above all else. This is the same attitude taken by the family courts. In matters of custody and support, the court will opt for whichever arrangement holds the most benefit and least disruption of the status quo for the children. Here are some frequently asked questions regarding children and divorce:

My spouse and I can’t agree on arrangements for our children. Can I still get divorced?

In many cases, no. If reasonable arrangements have not been made for the children, it is a barrier to divorce, meaning the court may refuse to issue a divorce order until they are satisfied with the arrangements.

Remember, you must determine custody and access arrangements before you can determine child support. Child support is affected by the percentage of time each parent has the children and the lifestyle to which the children are accustomed.

My spouse and I want to separate but not divorce. How do I determine support payments?

In situations where the federal Divorce Act does not apply, look to your provincial Family Law Act. The FLA also offers child support guidelines, which are generally the same as the federal support guidelines, though in some cases the provisions other than the tables are slightly different.

I need child support and my divorce is nowhere near being settled. What can I do?

You can bring an application for corollary relief. In order to bring an application, you must answer YES to the following questions:

• Do you have a child?
• Is this a child of the marriage?
• Under/Over the age of majority and still dependent?
• Does the court have jurisdiction to make the order you’re seeking?

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

You may already be familiar with the Child Support Guidelines. But did you know that child support can still be payable when your child is no longer a minor? As long as the child is considered a “child of the marriage,” support may still be payable for post-secondary expenses. This concept has more to do with dependency than age, and the determination is fact-driven. Courts will consider the following factors in making this determination:

1. Whether the child is in fact enrolled in a course of studies and whether it is full-time or part-time course of studies;

2. Whether or not the child has applied for or is eligible for student loans or other financial assistance;

• An adult child is expected to contribute toward his or her education to the fullest extent possible through bursaries, scholarships, student loans, or summer employment.

3. The career plans of the child (i.e. whether the child has some reasonable and appropriate plan);

4. The ability of the child to contribute to his or her own support through part-time employment;

• Courts will almost always require a student to contribute, through their own earnings, to the cost of their maintenance.

5. The age of the child;

• In one case, a 23 year-old student pursuing his doctorate was considered a child of the marriage.

• In another case, a 19 year-old student who had chosen to live on her own was found not to be under the charge of either of her parents and not a child of the marriage.

6. The child’s past academic performance and whether the child is demonstrating success in the chosen course of studies;

7. What plans the parents made for the education of their children, particularly where those plans were made during cohabitation; and

8. At least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In our first post on the Family Responsibility Office, we gave you a general overview about the FRO and what it can do for you.  This follow-up post is meant to be a cautionary tale of sorts; a reality check for those who might not take their support obligations seriously.

If you are a payor who has failed to meet your support requirements, the FRO may take any of the following enforcement actions against you:

• garnishing your bank accounts
• garnishing money you may be entitled to receive from the Government of Canada (for example: income tax refunds, employment insurance benefits, Canada Pension Plan benefits, and Old Age Security benefits)
• reporting you to the credit bureau
• suspending your driver’s licence
• suspending your Canadian passport or other federal licences (including a pilot’s licence, as well as maritime and navigational licences and certificates)
• placing a lien on your personal property
• issuing a writ of seizure and sale for property you own
• reporting you to your professional or occupational organization(s)
• seizing your lottery winnings, and
• starting a Default Hearing, which could result in up to 180 days of jail time.

Child Support is owed even by payors who have declared backruptcy. It will accrue and the FRO will deal directly with the Trustee in Bankruptcy.

If that’s not enough to convince you, the FRO also has the authority and ability to post information about you online.

If you have not made a support payment in the last six months and the FRO has exhausted all options to find you, they may post personal information about you on goodparentspay.com.

Goodparentspay.com is a section on the FRO website. Its purpose is to ask the public’s help in locating a defaulting payor.

FRO may post the following information about a defaulting payor:

• photograph
• name
• physical description (height, weight, hair, and eye colour)
• approximate age
• last known address
• usual occupation/trades, and
• language(s) spoken.

Before posting information, the FRO obtains consent from the support recipient.

The public can provide tips and information anonymously by e-mail, telephone, or letter.

If you are a payor who has fallen behind in your support payments, it is important to contact the FRO as soon as possible at 416-326-1817 or toll-free at 1-800-267-4330. They will assist you in working out a payment plan. The sooner you address any issues with missed payments, the better.

If you are a support recipient in need of enforcement assistance, The FRO website has a wealth of helpful tips and information to help you obtain your support payments. Visit their website to find out more on how to get started.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

If you’re in the process of separating or divorcing, you may have heard about the Family Responsibility Office, commonly referred to
as “FRO.”  FRO is part of the Ontario Ministry of Community and Social Services.

FRO collects, distributes, and enforces child and spousal support payments. It assists support recipients in Ontario to recover the support payments they are entitled to by enforcing court-ordered support responsibilities. They work to flow payments from the person who pays the support (the payor) to the person who is entitled to it (the recipient).

What does this mean for you?

If a court has ordered that you are to receive child support or spousal support and the payor neglects to pay, the FRO has the legal authority and responsibility to enforce payment of the amount owed.

FRO has enforcement agreements with every Canadian province and territory, as well as 31 countries, including the United States, across the globe. This means that the FRO can help enforce support payments even if the payor lives in a different province/country than the recipient. This is particularly helpful in today’s multicultural society, where some spouses choose to return to their country of origin following a separation or divorce.

Every year, the Family Responsibility Office:

• handles more than 180,000 cases;
• represents nearly 400,000 people; and
• collects about $650 million in support payments.

If you are a payor who has fallen behind in your support payments, it is important to contact the FRO as soon as possible at 416-326-1817 or toll-free at 1-800-267-4330. They will assist you in working out a payment plan. The sooner you address any issues with missed payments, the better.

If you are a support recipient in need of enforcement assistance, The FRO website has a wealth of helpful tips and information to help you obtain your support payments. Visit their website to find out more on how to get started.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In Canada, child support is determined by the Federal Child Support Guidelines. The amount of child support you’ll pay is dependent on your income and the number of children you are supporting. The Guidelines provide a minimum, known as the “Table Amount,” which is the automatic minimum. To determine the amount for your particular situation, you can consult the Child Support Tables, or simply input your information into Justice Canada’s Child Support Calculator, found here.

If your income is over $150,000, a judge may order you to pay more than the Table Amount in child support. This can be for a number of reasons, the most common being to keep your children in the lifestyle to which they have become accustomed. Child support payments above and beyond the table amount are determined on a case-by-case basis.

Despite the fact that Child Support quantums are crystal clear in Canada, there are sadly many parents who fail to pay the required amount out of inability or animosity toward their ex-spouse. Refusing to pay is never the answer. Courts do not look kindly on it,
and your children will be the ones to suffer.

In 2011, a New York judge took an unusual approach to dealing with a “deadbeat dad” who had been delinquent with child support payments for his two daughters to the tune of $14,000.  Calling the violation “egregious,” the judge opted not to jail the father, but to put restrictions on his discretionary spending until the arrears had been fully repaid. The restricted items included cigarettes, cell phones, television, internet service, movie tickets, jewellery, magazines, and newspapers.

When it comes to supporting your children, your relationship with your ex-spouse is inconsequential. As parents, you both have a responsibility to ensure the well-being of your children, and to make the separation or divorce process as easy on them as possible. Your kids are your responsibility. Do the right thing.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

The law views marriage as a legal merging of assets, and if it breaks down, one spouse is often left with less than the other. While it is expected that adults in the process of divorce make all efforts to support themselves, it is often the case that the spouse with a higher income or more assets will be responsible for supporting the other spouse.

As you may know, child support amounts are clearly and concisely outlined in the Federal and Provincial Child Support Guidelines. The formula is simple and is calculated based on the paying parent’s income and the number of children. Payment of child support is automatic and non-negotiable.

Spousal support is a completely difference game. Unlike child support, payment of spousal support is not automatic, nor is the amount simply calculated. On the contrary, it is an extremely complex calculation that is difficult even for seasoned lawyers to predict. Several years ago, two University of Toronto professors created the Spousal Support Advisory Guidelines; a formula for calculating the quantum of spousal support to be paid. Considerations include the length of the marriage, how difficult it would be for the spouse to become self-sufficient, the difference in income between the spouses, and any perceived sacrifices the economically disadvantaged spouse may have made for the sake of the marriage. Ultimately, the Advisory Guidelines are just that: Guidelines. Whether or not spousal support will be ordered and the quantum of the support is at the discretion of the judge, taking into consideration all of the specific circumstances of the relationship.

Both common law and married spouses are entitled to make a claim for spousal support. Married spouses are entitled to support under the federal Divorce Act, and common law spouses under the provincial Family Law Act. Entitlement to spousal support applies to both opposite-sex and same-sex couples.

Family lawyers often use a specialized program called “DivorceMate” to produce a spousal support calculation pursuant to the Advisory Guidelines. MyOntarioDivorce.com and Berman Barristers offer this calculation for a flat-rate fee.

For more information on spousal support, DivorceMate calculations, and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

Click and here you are. You’re thinking about Separation. Or, you’re in the middle of a Divorce. Either way, you’re all here to end your relationship. And, in order to do so, it’s a good idea that you inform yourselves of your rights and obligations. After all, you can’t go into battle without knowing the rules of engagement.

Family breakup is devastating to children. If anything will screw them up, having their world fall apart will likely do it. You may have tried marital counselling, meditation, and maybe even medication but nothing seems to stop the arguing or the paralyzing ambivalence. You know what that means, right? You’re in neutral and can’t get into gear.

If you have children and haven’t tried everything to save the relationship, you should. Put your pencil down. Stop what you’re doing. Make an appointment right now to see a family therapist. If therapy or medication doesn’t work, you can always consider separation or divorce as a final option.

Now, for those of you still here, we know what you have been going through. You’ve tried everything to save the family unit, all to no avail. You have children who are now screwed up (or will be).

They will survive. You will survive. Some may learn from the experience. Some may not. Whatever happens, the decision of who is to have custody of the children and what the access arrangements will be are two of the most important and difficult issues to resolve following a relationship breakdown.

Both parents presumably love their children a great deal and want to spend as much time with their children as possible. Some of you may not. For you, this could be the opportunity of a lifetime to offload your god-given responsibilities to your children on your spouse. The goal is always to achieve a custody and access arrangement which is in the best interests of the children and which is mutually agreeable and satisfactory for both parents.

Let’s explore sole custody in Ontario vs. joint custody in Ontario.

Sole custody means that one parent has the authority to make all of the decisions with respect to the children, including important decisions affecting their welfare. When a parent has sole custody, the children also typically reside primarily with that parent.

Many people have heard of the term “joint custody” but don’t realize that it doesn’t mean an equal sharing of time with the children. What it actually means is that both parents will have equal decision-making authority with respect to major decisions affecting the children.

Joint custody arrangements require a considerable amount of flexibility and cooperation on the part of parents. Guess what? You and your ex are going to have to communicate. That’s right…I said the “C” word. If you don’t communicate or there’s been a history of conflict or abuse, forget about joint custody. Children benefit from having two parents that act together to further their best interests. When joint custody works, your children are the beneficiaries. They may even learn how to talk and listen to others as a result of modeling your behaviour. Think about this option carefully. Before either of you dismiss it as an impossibility try consulting a social worker or child psychologist to see if the two of you can make it work. Either way, your custody arrangement should be appropriate in light of your and your spouse’s relationship with each other and with your children.

For more valuable information about parental custody visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

“How much child support do I have to pay?”

Child support payments are determined using a table called the “Child Support Guidelines.” The amount you pay is dependent on the province in which you live, the amount you earn, and the number of children for whom you are paying support.

“Do I have any control over how child support payments are being used?”

No. Since the court has found your former spouse capable of looking after your children, the court assumes that he or she is also capable of looking after the child support money.

“When does child support end?”

Normally, you must pay child support as long as your children are enrolled in school full-time. This often includes paying child support while your children are in college or university earning their first post-secondary degree or diploma.

“Can my child support payments be changed?”

Yes. Child support payments can be changed any time you experience a change in circumstances, such as a significant drop in your income.

“I’m being denied access to my children. Can I stop paying child support?”

No. Only the court can change the amount of child support that you must pay. If your former spouse is denying you access to the children, now’s the time to use MyOntarioDivorce.com to find out how you can exercise your legal rights in such a matter.
Spousal support FAQs

“Do I have to pay spousal support?”

If you earn more than your spouse, you may have to pay spousal support. The longer your marriage lasted and the bigger the difference between your income and your spouse’s income, the greater the chance that you’ll have to pay spousal support.

“How much spousal support do I have to pay?”

The amount of spousal support that needs to be paid is determined on an individual case basis. The court considers all of you and your spouse’s circumstances, including:

- Your assets and your spouse’s assets,

- Your income and your spouse income,

- Your age and your spouse’s age,

- Your health and your spouse’s health,

- The standard of living when you lived with your spouse,

- The ability of your spouse to become self-sufficient,

- The contribution your spouse has made to your career, and

- The economic hardship suffered by your spouse arising from the marriage.

“How long will I have to pay spousal support?”

Generally, courts don’t impose a time limit on spousal support unless your marriage was quite brief. However, you can apply to change your spousal support under certain circumstances.

“Is spousal support tax deductible?”

Yes. In Canada, you may deduct your spousal support payments from your income if you have a separation agreement or Court Order that requires you to pay spousal support. If you receive spousal support, you are required to pay tax on it.

“Can my spousal support payments be changed?”

Yes. Spousal support payments can be changed anytime there has been a drastic change in circumstances, such as remarriage by your spouse or a dramatic drop in your income.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer