One of the most controversial issues in family law is the perceived gender bias in the family court system. Why is it that mothers so frequently are granted custody over fathers? Depending on whom you ask, you may receive very different answers to this question.

Certified Divorce Coach and Marriage Educator, Cathy Meyer, has investigated this topic in detail, and has come to the conclusion that courts are NOT the primary reason mothers retain custody in most divorces, nor are they responsible for the fact that many fathers have little to no involvement in their children’s lives post-divorce.

Meyer presents the following statistics from a Pew Research Center analysis of the National Survey of Family Growth, released in June 2011:

• Married fathers spend on average 6.5 hours per week participating in primary child-care activities with children, whereas married mothers spend on average 12.9 hours.
• Post-divorce, where the children live separately from their fathers, 22% of fathers see their children more than once a week, 29% see their children 1-4 times per month, and 27% have no contact with their children at all.

These statistics suggest that fathers are less involved than mothers in their children’s care both during the marriage and after divorce. Because the courts are most interested in maintaining the status quo where the children are concerned, it makes sense that in contentious cases, the court would order that the children remain with the mother.

Meyer also points out that in over 50% of divorce cases, parents agree on their own that the mother will be the custodial parent. In 91% of cases, custody is determined either before or during the settlement process, without the involvement of the court. Where the court is involved in fewer than 10% of custody decisions, it is difficult to establish a correlation between the low percentage of fathers with custody of their children and a perceived bias in the family court.

You can read the full article here.

Check back soon for our upcoming articles on Fathers and Divorce to learn more.

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

Even without hiring a lawyer or going to trial, the cost of getting divorced can add up. Filing fees, Separation Agreements, mediators… it’s all astronomically expensive. If you end up in court battling over custody or money, you’ll be looking at a lawyer’s bill in the neighbourhood of $5,000-10,000 per day.

The exorbitant cost of litigation, combined with the backlogged court system– which sees approximately 70,000 divorcing couples per year across Canada– has led to a recently expanded “Mandatory Information Session” pilot project.

The new program applies to all spouses applying for a contested divorce. Upon filing a contested divorce application with the court, each spouse will be given an information sheet about the mandatory mediation session that they are required to attend. Their divorce proceedings will not move forward until each spouse receives a stamp of confirmation of their attendance.

The mandatory information sessions are divided into two groups– Applicants and Respondents- but the message to each group is the same: the contested divorce process is long, traumatic, and very expensive, and should be avoided at all costs. The information sessions are geared to encourage spouses to attempt to use negotiation or mediation to resolve their separation issues (custody, support, property) without entering into a nasty battle in court. The majority of cases that are bogging down our court system are the ones where spouses are fighting tooth-and-nail over petty issues, no matter the cost.

Many spouses are resistant to the idea of the mandatory information session because they have made their decision and want to get divorced as quickly as possible. On the other hand, divorced spouses who have gone through the contested divorce litigation process often wish that they had tried mediation as a way to save their sanity and their money.

This program is reflective of the need to keep divorcing spouses out of the court system. It’s beneficial not only to the government but also to you as an individual seeking a divorce. Save yourself tens (or in some cases, hundreds) of thousands of dollars and settle your issues out of court. Try our free software and create your own separation agreement at MyOntarioDivorce.com. Invest in a mediator. If you still need help, try our innovative and affordable flat-fee divorce solutions at BermanBarristers.com.

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, most divorces are granted on a no-fault basis. This means that a judge may grant you a divorce without you having to prove that your spouse violated the marriage contract, leading to the breakdown of the marriage.

A no-fault divorce is quicker, easier, and less expensive than a fault-based divorce. This is why the majority of divorces are granted on the grounds of the spouses living separate and apart for 1 year, as opposed to the fault-based grounds of adultery or cruelty. A no-fault divorce system allows you and your spouse to apply together to have the court declare the breakdown of the marriage without having to present evidence (or worse, pay lawyers thousands of dollars to present evidence).

The no-fault system severely limits the ability of a Respondent spouse to challenge the Application. If you’re the Applicant, this is good for you because once you have satisfied the court that you have established grounds for divorce by living apart for 1 year, your spouse cannot stop you from obtaining a divorce. On the other hand, if your spouse is the Applicant and you want to reconcile, there may not be anything you can do to stop the divorce from being granted.

It is always preferable to resolve as many issues as you can with your spouse before resorting to litigation. Work with your spouse to create a comprehensive Separation Agreement that addresses custody, property, and support issues (try our FREE Separation Agreement software at MyOntarioDivorce.com), then apply to obtain a simple divorce. Take advantage of the no-fault system and save yourself a lot of time, money, and frustration.

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

One of the most common questions I’m asked is what effect, if any, adultery has on the divorce process.

The short answer? Not much.

The majority of divorces in Canada are granted on a no-fault basis. That is to say that the breakdown of the marriage (the sole grounds for divorce) has been established by the parties having been separated for a minimum of one year.

The two fault-based grounds to establish the breakdown of a marriage are Adultery and Cruelty. If you are relying on Adultery or Cruelty in your Application, a divorce can be granted as soon as the matter can be heard in court.

Adultery has been defined as voluntary sexual intercourse of a married person with one of the opposite sex, however changing social norms have made the modern definition much more broad.

Adultery does not have to be proven by direct observation. The court may infer that adultery transpired based on the familiarity of the respondents and the opportunity they had to commit the offence. For example, evidence that the respondents spent a night in a hotel room together may be accepted as proof of adultery, especially in the absence of any denial from the respondents.

Due to a statutory protection that protects parties in divorce proceedings from being compelled to provide admissions needed for proof of adultery, applicants generally have to have independent evidence of adultery available at trial. This is usually in the form of a witness who can corroborate the applicant’s claim. Some judges will grant a divorce after hearing an admission from the adulterous spouse. Many will not, as it creates an opportunity for spouses to unjustly speed up the divorce process without waiting for the one year separation period to elapse.

There is a reason that most divorces are granted on the grounds of a one year separation. The process of presenting evidence of adultery to a judge is an emotional and expensive venture that many divorcing spouses would just as well avoid.

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

Sincerely,

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

Despite what you may have heard, it is possible to represent yourself in Family Court, provided you are well-equipped to do so. This means being organized, doing your research, and being armed with all the information you can get your hands on before going to court. Here are some helpful tips for self-represented litigants in the Family Law Courts:

1. Your spouse’s lawyer cannot give you legal advice. In some cases, your spouse’s lawyer may advise you about procedural steps to be taken, but be wary of any advice you receive directly or indirectly relating to the substantive issues of your case. Remember that your spouse’s lawyer is acting in your spouse’s best interest, and not yours.
2. Communicate with your spouse’s lawyer in writing. You may wish to send a letter to your spouse’s lawyer stating that you will only communicate via written letter or email. This is the best way to avoid the miscommunications that can occur with verbal negotiations. Be sure to keep copies of all communications for your files.
3. Be professional and respectful. Maintaining a civil relationship with your spouse’s lawyer will help the process move more smoothly and quickly. Furthermore, your spouse’s lawyer is required by the Law Society’s Professional Rules of Conduct to treat you with respect. If you feel you are being treated unfairly or taken advantage of by your spouse’s lawyer, you may wish to consider contacting the Law Society to seek further guidance or file a complaint.
4. Be organized. Find out how and when your documents must be filed. Confirm any tips you receive from your spouse’s lawyer about filing deadlines.
5. Be aware of cost implications. If your spouse is successful in court, you may be ordered to pay a portion of your spouse’s legal costs. This can be quite significant depending on the complexity of your case. In some cases, self-represented litigants have been ordered to pay costs to represented litigants where his/her conduct has caused unnecessary delays, regardless of success.

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

Sincerely,

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

SARNIA, ON: Jury deliberations commenced on Thursday, May 17, 2012 in the first degree murder trial of Craig Short, 52. Short is accused of murdering his wife Barbara, 48, in a desperate move to prevent her from taking any of his family assets in their impending divorce.

The beginning of the story is an all too familiar one. Barbara was alleged to have been carrying on an extra marital affair, which Short discovered when he found a series of Barbara’s hand-written poems about her lover. The prosecution alleges that Short had the motive and opportunity to carry out the murder of his wife, and that he did so on October 18, 2008. Her body was discovered behind the couple’s home, her skull fractured. Short claimed that she fell from the roof while he was out of the house, however the prosecution has cast doubt on this theory as there was no ladder present at the scene. Jurors were told that Short’s only concern was protecting his assets in the impending divorce. Witnesses testified that Short had threatened to harm or kill Barbara rather than see her take any of his money. He was self-employed and she was a bookkeeper for his business.

After two days of deliberation, the Jury was discharged when the foreman informed the judge that the jury was “impossibly deadlocked,” a devastating result for all parties who will have to rehash the tragedy of Barbara’s death for a second time.  A new trial will likely commence in 2013.

The message to take away from this terrible story is that no matter what the circumstances of your divorce, violence is never the answer. Even threatening violence against your spouse will land you in hot water and is a cowardly way to get what you want.

If you are a victim of spousal abuse or fear for your safety during the separation process, please contact the police and a qualified family lawyer for help.

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

Sincerely,

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

If you’ve ever been involved in the legal process, you know how much paperwork is involved. Applications, court forms, records, correspondence, evidence… it all ends up printed and filed away in lawyers’ accordion folders. Furthermore, the other parties and the court require copies of many of these documents. With all these papers floating around, it’s not uncommon for documents to go missing or for parties to get bogged down with paperwork. It’s an antiquated system in dire need of a complete overhaul.

Recently, the Ontario Budget disclosed that a new, digitized system is in the works for Ontario’s Courts. The system is expected to be implemented in approximately three years, and is currently in the planning stages. The province attempted to introduce a digital data management system in the early 2000s, but the technology of that time was not adequately equipped to deal with the needs of the court. The newly revamped system, called the Court Information Management System, or “CIMS”, will allow litigants and their lawyers to file certain court documents electronically, pay filing fees online, and access their documents 24 hours a day, as opposed to the traditional 9-4 hours of the courthouse.

What does this mean for you as you’re navigating the divorce process? The digitization of the Family Courts will result in significant improvements to the divorce process in Ontario. Most notably, the ability to file documents online will save considerable time and expense to both lawyers and their clients. In some cases, it will eliminate the need to use process servers, which can be costly, or to have the lawyer or his/her staff file the documents, which can be even more costly when you’re paying an hourly rate. Furthermore, it will reduce the amount of photocopying (the cost of which can be astronomical, especially when a matter is proceeding to trial) and would simplify the overwhelming process of organizing legal documents.

Digital document management is the way of the future, and a trend that is being adopted by large and small law firms alike. Over the past few years, the sheer volume of paperwork involved in litigation has created a niche market for litigation support law firms, where lawyers provide innovative solutions for the organization of data and litigation materials. This trend reflects the need for a more efficient system that will allow lawyers to advocate for their clients without being slowed down by the court process. While complete digitization of the legal system is still many years away, Ontario’s move towards a more streamlined, paperless system is a step in the right direction both in terms of efficiency and accessibility- two areas in which the court system can always stand to improve.

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

Sincerely,

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

The 1985 Divorce Act is a federal mandate that changes the rules by which a court assumes jurisdiction for divorce petitions. This Act not only establishes jurisdiction, it also sets a new standard for grounds of divorce, creates the option to file a joint petition for divorce, and establishes set procedures for when a divorce decree becomes effective.

A court in the province of Ontario has jurisdiction over divorce proceedings if one or both spouses have resided in Ontario for at least twelve months preceding the filing of the divorce petition. Following the divorce, requests for variation of the divorce decree may be made to any court in the province in which either spouse resides, even if it is not the same court where the original divorce was granted.

Under the Divorce Act, the only ground for divorce is marriage breakdown. Marriage breakdown can be demonstrated in cases where:

• The spouses lived separately for at least one year prior to the divorce judgment
• The spouse against whom the divorce is sought (i) committed adultery or (ii) treated the other spouse with physical or mental cruelty of a kind to make it intolerable to live together

Where the grounds for divorce is marriage breakdown based on one year of separation, the time of separation begins on the date the spouses began living apart. During the time of separation, either spouse may make an application for divorce at any time, even before the spouses have been living apart for one year, but the divorce is not granted until one year has passed. During the one year period of separation, if the spouses resume cohabitation for a period of more than ninety days, the calculation of the one-year period will begin anew, following the last date of separation.

Under Section 11 of the Divorce Act, certain activities will bar the grant of a divorce. Such activities include:

• Collusion between the spouses
• The parties fail to make support arrangements for the marital children
• A divorce has been sought on cruelty grounds but there has been no condonation or connivance

The Divorce Act introduced the option to file for divorce jointly. Using a joint petition, the spouses can claim divorce based upon the breakdown of the marriage when the spouses have been living apart for at least one year. Such petitions may include claims for spousal support, child support, child custody and child visitation. If the spouses wish to simplify the process even further, one spouse may file for divorce and the other spouse can agree not to respond to the divorce petition, thereby creating an uncontested divorce and eliminating the need for the spouses to appear in court.

Spouses who reconcile prior to filing a divorce petition, or who reconcile prior to fulfilling the one year requirement for living separate, are still married and must do nothing to maintain their marital status. If the spouses attempt to reconcile and begin to cohabit during the one year requirement for living separate, the waiting period for divorce starts over if the spouses cohabit for more than ninety days. The purpose of this ninety-day reconciliation period is to permit the spouses to repair the marriage without penalizing them if the reconciliation is unsuccessful.

Negotiation is the process through which the spouses negotiate a favorable settlement agreement. During the negotiation process, the two parties essentially compromise, with each side offering certain allowances in exchange for other provisions that they wish to include in the property settlement agreement.

Mediation is another alternative to litigation that allows spouses to quickly resolve their differences and come to a settlement agreement regarding their property, children, and support issues. During mediation, a professional, non-partisan mediator facilitates conversations between the spouses to assist them in coming to a reasonable agreement.

Once a settlement has been reached, whether through mediation or through negotiation, the parties will express their agreement in a written separation agreement. This agreement will then be presented to the court and incorporated into a divorce judgment that makes the agreement more easily enforceable.

Under the Divorce Act, a divorce judgment becomes effective thirty-one days after it is granted. In certain circumstances, the court may shorten the thirty-one day requirement if the parties agree to the shortened period and agree not to appeal the judgment. However, a certificate of divorce certifying that the judgment has taken place is not made available under thirty-one days after the judgment was entered. Such certificates are required to remarry.

The Divorce Act also covers corollary issues such as spousal support, child custody, child access and child support. Corollary relief is any relief sought that is separate from the actual divorce. Such relief may be sought by the petitioning spouse in the petition for divorce, or by the responding spouse in a counter-petition. The divorce itself may be severed from the corollary relief sought, so that a summary judgment for the divorce may be obtained even though the parties are unable to agree on issues such as child custody and support. Additionally, while the divorce is being finalized, either spouse may petition for interim corollary relief, such as interim orders that grant custody of the children to one parent while the corollary issues are being resolved.

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

Sincerely,

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

Child support consists of monthly payments made by a non-custodial parent to the custodial parent for the support, maintenance, and care of a child. Both parents have the obligation to provide financial support for their children and, once a child’s parents separate, the non-custodial parent has a duty to pay child support to the custodial parent.

The specific amount of child support to be paid is set by the Child Support Guidelines and depends on the gross income of each parent, the number of children involved, and the province in which the parents live.

Often, a child may have special or extraordinary expenses, such as childcare, medical or educational expenses, that must be paid by the child’s parents in proportion to their respective incomes. Accordingly, the non-custodial parent may be required to pay more than the amount set by the Child Support Guidelines to cover these additional expenses. The non-custodial parent is required to pay the determined child support regardless of any decisions made concerning child visitation.

Child support arrangements are monitored and enforced by the Family Responsibility Office (FRO), a governmental agency responsible for ensuring that families are given the financial support that they are entitled to receive. The FRO receives all support orders issued by Ontario courts. Once the FRO receives a divorce decree and/or support order, it contacts both the payor parent and the parent receiving the child support payments and provides them with a case number and personal identification number to use in communications regarding their support order.

Typically, support payments are made through an employer who will deduct the amount of payments from each paycheck and send the money to the FRO. The FRO then sends these payments to the custodial parent receiving child support. If there is no employer, the payor parent can send payments directly to the FRO, which will then send the payment to the recipient parent. Payments can be made to the FRO using the following methods:

• Telebanking
• Online banking
• Pre-authorized payments from a bank account
• Checks or money orders

Once the FRO receives a payment, it will be sent to the recipient parent within 48 hours. Payments can be made to recipients either by direct deposit to a bank account or by mailing a check to the parent’s address.

If the payor parent falls behind in his or her child support payments, the FRO will first attempt to come to an agreement with the parent where past due payments are paid in installments. Such an agreement is referred to as a Voluntary Arrears Payment Schedule (VAPS). Regardless of whether a VAPS has been agreed to, the FRO can collect past due payments from tax refunds due to the parent and can issue a writ of seizure and sale against the parent’s property to pay off the arrears. If the parent fails to pay off any arrears, the FRO may also take the following actions:

• Reporting the incident to the credit bureau
• Garnishing the payor parent’s bank accounts
• Suspending the parent’s driver’s license
• Suspending passports and other federal licenses, such as a pilot’s license
• Taking the payor to court to collect on the past due payments

Typically, child support cannot be an amount less than that required by the Child Support Guidelines . However, in certain instances, the courts may permit a reduction in the amount of child support paid. Such circumstances include:

• Undue hardship
• When the child has reached the age of 18
• Where there is shared custody

Undue hardship occurs when there are circumstances that cause hardship for one of the parents and that parent has a lower standard of living than the other parent. Examples of circumstances that may cause undue hardship include: unusually high costs associated with access to a child or a legal duty to support another person. When undue hardship is demonstrated by the payor parent, the court may reduce the amount of child support to an amount that is reasonable based upon the discretion of the court.

If the child support agreement, or court order, was entered into prior to May 1, 1997, the payor parent can deduct child support payments on his or her income taxes and the parent receiving the child support must claim the payments as income on his or her income taxes. If the child support agreement, or court order, was entered into after May 1, 1997, the child support payments are not deductible for the payor parent and the recipient parent is not required to pay taxes on the payments.

Under the Child Support Guidelines, there is no set termination date for child support. Normally, child support is paid as long as the children are enrolled in school on a full-time basis. This includes primary school, college and post-secondary education. Once a child reaches the age of 18, however, the child’s income may be examined to determine whether the amount of child support should be altered.

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

Sincerely,

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

The amount of money that a non-custodial parent owes the custodial parent for the maintenance and support of their mutual children is determined by the Child Support Guidelines, adopted by the Federal Government in 1997. These guidelines apply to couples entering into a divorce agreement, under the Divorce Act, as well as to couples who were never married, or are entering into a separation agreement without getting a formal divorce, under the Family Law Act. The guidelines must apply whenever a parent seeks to alter current support arrangements, unless both parents and the judge agree that another arrangement is reasonable or the judge feels that the guidelines would be unfair if applied to a particular situation.

A Child Support Table sets out the specific amounts of child support to be paid. This amount depends on the:

• Gross income of the payor parent
• Number of children covered by a child support order
• Province and territory in which the parents live

The gross income of the payor parent is that person’s annual income prior to taxes and deductions. To demonstrate gross income, the payor parent typically presents a statement of income to the judge presiding over the child support case. However, sometimes a judge will not accept a statement of income. This often occurs when the parent:

• Fails to provide the required information
• Is purposefully unemployed or underemployed
• Is self-employed or fails to report the proper amount of income on tax returns

In these instances, the judge will use an amount of income that is based upon the parent’s work history, past income, and education.

There is a separate table for each province and territory in Canada . If both parents live in the same province, the table for that province applies. If the payor parent lives outside of Canada , the table for the province of the payee is used. If both parents live in Canada , but live in separate provinces, the table that applies is the one for the province where the payor parent resides. For instance, the Child Support Guidelines are applied if the payor parent lives in Ontario and the other parent lives elsewhere. Each table has slightly different figures, primarily dependent upon the standard of living in that particular area.

There are certain instances where a different amount of child support can be set. Increased amounts of support can be provided in instances where a child has special expenses, such as special education, childcare or medical needs. Likewise, decreased amounts of child support are permitted in instances where the payor parent demonstrates undue hardship.

Special expenses are those that are necessary because they are in a child’s best interests. Examples of such expenses include:

• Childcare expenses
• Medical insurance premiums
• Healthcare needs that exceed $100 and are not covered by insurance, such as orthodontic, prescription drug, counseling, or hearing aid costs
• Extraordinary expenses for primary and secondary education
• College tuition expenses

The parents may agree as to how special expenses, both current expenses and future expected expenses, are to be paid by the parents. Such an agreement must be reasonable in relation to the incomes of the parents and the family’s past spending patterns. If the parents cannot agree as to how special expenses are to be divided, a mediator can assist the parents in coming to an agreement, or a judge can be asked to make a decision for the parties.

Sometimes, the non-custodial parent may be financially unable to pay the amount of child support required in the Child Support Guidelines. In such situations, an alternative child support amount is determined either by agreement of the parties or by a judge.

To determine whether a parent is experiencing undue hardship, courts use two questions:

• Are there circumstances that could cause undue hardship for the parent?
• Does the parent claiming undue hardship have a lower standard of living than the other parent?

Circumstances that could cause undue hardship include:

• Unusually high debts resulting from supporting the family prior to separation
• Unusually high costs associated with access to a child
• Legal duty to support another person, including another child or another person who cannot support themselves due to illness, disability or another cause

Even if there are circumstances that could cause undue hardship, the parent requesting a deviation from the guidelines must also demonstrate that the standard of living in his household is less than that of the other parent.

The amount of support provided to a child may be reduced if each parent maintains partial custody of the child. Three instances of such arrangements exist:

• Shared child custody
• Split child custody
• Hybrid child custody arrangements

Shared child custody is a situation where a child spends equal time with each parent. The Child Support Guidelines define shared child custody as each parent having custody of the child at least 40 percent of the time. Shared custody child support is determined by a number of methods, such as the:

• Set-off method – determine the guideline amount for each parent and subtract the lower amount from the higher amount
• Revised set-off method – use the amount determined by the set-off method and then apply the percentage of time the child actually spends with that particular parent

Either of the above methods can be agreed to by the parents, or the revised set-off method can be applied by a court.

Split child custody exists when there is more than one child, and at least one child resides with each parent. Child support in this case depends on the income of both parents. Under the Child Support Guidelines, each parent is essentially charged support for the children living with the other parent, and the parent who owes more money must pay the difference in child support.

Hybrid situations often arise when there are three or more children and the custody of the children is split. For instance, one child may reside with the mother, one child may reside with the father and custody of the other child may be shared. Calculating child support in hybrid situations is often the most complicated.

For purposes of child support, a “child” may be the natural child of a parent or, in some instances, a step-child that a parent has treated as his or her own. If you raised a spouse’s child as your own, and later underwent a divorce, you may be responsible for providing support for that child. When determining whether a child was intended to be treated as one’s own, the court applies the following factors:

• Age of the child when the payor and child began living together
• Whether the child receives support from his or her natural parent
• The number of years that the child and payor have cohabited
• Whether the payor disciplined the child or claimed the child for income tax purposes
• Whether the child referred to the payor as a parent

While no one of these factors is dispositive of the issue, tax returns where a child is claimed as a dependent, cohabiting with a child who is under three years of age and references to the child as a son or daughter are all strong indications that there was a settled intention to treat the step-child as a natural child.

Under the Child Support Guidelines, there is no set termination date for child support. However, the Guidelines do specify that, once a child reaches the age of 18, that child’s income may be examined to determine an appropriate amount of support and the court may vary this amount in its discretion. Oftentimes, courts will continue child support in instances where children pursue post-secondary education.

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

Sincerely,

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