Are Ontario courts more likely to award custody to mothers than to fathers?
In Ontario, custody is awarded based on what is in the best interest of the child. Fathers or mothers have equal rights to apply for custody of their children. So there is no bias between a mother or father seeking custody of their minor children.
What is a shared parenting arrangement in Ontario and how does it work?
A shared parenting arrangement in Ontario means that both parents will have equal time with the children. Generally, it will be on a week of a rotation.
If child support is not paid, must visitation be allowed in Ontario?
Yes, visitation and child support do not go hand-in-hand. If you’re not making child support payments, you are still eligible to have time with your children.
Do I have to pay spousal support in a divorce in Ontario?
In Ontario a higher income spouse may have to pay special support to a lower income spouse in the event of marriage breakdown. There are certain factors to consider when determining whether you may have to pay spousal support or receive spousal support. Some factors may be the length of marriage, the ability of… Read More »
What is a marital separation agreement in a divorce in Ontario?
A separation agreement is a contract out of court that spouses can enter into to finalize the issues arising out of their marriage breakdown. Some of the issues that will be incorporated into this agreement may be custody and access of minor children, including support classes with respect to spousal or child support.
Can I oppose a divorce in Ontario?
A spouse may not oppose a divorce in Ontario. However, a spouse is entitled to respond to the divorce application if they believe there are other claims that should be litigated. For example, if there are minor children, there may be custody and access provisions that need to be determined or support provisions. When… Read More »
Can men seek spousal support in Ontario?
Yes, men may seek spousal support from their higher income spouse in Ontario. Also, in Ontario, same sex relationships and marriages are recognized. So a spouse may seek spousal support if they are in a same sex relationship.
What if my spouse cannot be found or evades service of the divorce papers?
If your spouse is evading service or if you cannot locate your spouse, you may file a motion in court to ask the judge to grant you an alternate method of service. In order to do that, you must satisfied a court in Ontario that you have made reasonable efforts to locate your spouse.
Can I lower my child support payments in Ontario if I spend more time with my kids?
You may be able to modify or vary your child support payments depending on the time that is spent with the child. If the threshold is over 40%, then yes, you will be entitled to a variation of those payments.
Can spousal support be modified or terminated in Ontario?
Spousal support may be modified or terminated in Ontario provided that you meet the legal requirement of material change in circumstances.