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Are Ontario courts more likely to award custody to mothers than to fathers?

By Zagazeta Garcia LLP |

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.

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Will the Ontario court consider high living expenses, such as loan payments and income taxes, when determining my ability to pay child support?

By Zagazeta Garcia LLP |

A court in Ontario may consider a payer’s high debt when considering the amount of child support that the payer must pay for their children. In order to get modification to child support payment, the payer must a meet a criteria called undue hardship. If you believe that you’re entitled to a reduction in… Read More »

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What are grounds for divorce in Ontario?

By Zagazeta Garcia LLP |

Ontario is sometimes called a no-fault province. Meaning that the only legal requirement that spouses need to file for a divorce application is the separation of at least one year without a possibility of reconciliation.

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How is child support calculated in Ontario?

By Zagazeta Garcia LLP |

The child support payment amount that a payer must pay in Ontario, is calculated based on the payers annual income, and the number of children that the payer and his ex have out of the marriage or relationship. There are other factors that may be considered when calculating the amount of child support paid…. Read More »

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Can grandparents be awarded custody of their grandchild(ren) in Ontario?

By Zagazeta Garcia LLP |

Grandparents can be awarded custody of their grandchildren in Ontario if a biological parent is unable or unwilling to do so. The requirements that are looked upon to see if the grandparent will be eligible to obtain custody of their grandchildren is what is in their best interest.

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Who gets spousal support in Ontario and why?

By Zagazeta Garcia LLP |

Spousal support will be paid to the lower income spouse in Ontario in order to assist them to become self-sufficient. There are different factors associated with the eligible of the lower income spouse and receiving spousal support, such as the length of the marriage, the different in ages of the spouses, and the disparity… Read More »

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What are some common arrangements for child visitation in Ontario?

By Zagazeta Garcia LLP |

The most typical arrangement for child visitation in Ontario will include access of the children to the visiting parent every other weekend from Friday to Sunday, including some extended time with the children then they are off school and during holidays.

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How do I enforce a support order in Ontario?

By Zagazeta Garcia LLP |

In Ontario, support orders are generally enforced by an agency called Family Responsibility Office. That agency will be responsible for enforcing the support order in the event that the payer fails to meet their obligation.

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Can custody rights be modified in Ontario?

By Zagazeta Garcia LLP |

Custody rights can be modified in a Ontario provided that there are a change of circumstances that would avail you to do so, some of the most difficult change of circumstances may be relocation of one parent to a different country or a major change in your work schedule that will affect visitation of… Read More »

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When parents are not divorced yet, can one parent move with the children out of Ontario?

By Zagazeta Garcia LLP |

A parent may not move with the children out of Ontario without the express consent of the non-accompanying parent. Preferably, you should have that consent in writing. If the non-accompanying parent is opposing the relocation, then you must contact a family lawyer to assist you in litigating the issue in court before you move.

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