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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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What is supervised visitation in Ontario?

By Zagazeta Garcia LLP |

Supervised visitation allows an Access parent to have time with their children, provided that they are supervised by a third party, or if the access occurs in a supervised Access center.

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In my Ontario divorce case, can I use my spouse’s affair against them?

By Zagazeta Garcia LLP |

No, you may not use your spouse’s affair against them. The only requirement that is necessary to apply for a divorce is that the spouse’s must be separated for at least a year without a possibility of reconciliation.

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How can I stop paying child support after finding out the child is not mine?

By Zagazeta Garcia LLP |

If you find out that you’re not the biological parent of a child whom you’ve been paying child support for, then it’s recommended that you consult a family lawyer right away, as you may have options available to terminate your child support payments.

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Can child support be reduced in Ontario if I remarry and have more children with my new wife?

By Zagazeta Garcia LLP |

You may be entitled to a reduction in child support if you are married and have new children or have dependents out of that new relationship. You should consult a family lawyer so that you can be aware of the options available to you to vary your child support payments.

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What is spousal support?

By Zagazeta Garcia LLP |

Spousal support is financial assistance paid by a higher income spouse to the lower income spouse in order to assist them in becoming self-sufficient.

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Is it illegal to get remarried before my divorce is final?

By Zagazeta Garcia LLP |

One of the legal requirements necessary to obtain a marriage license is a final divorce order. Therefore, you will not be able to enter into a marriage if your divorce has not been finalized.

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How can child support be changed in Ontario?

By Zagazeta Garcia LLP |

Child support can be changed by applying to the courts for a modification in your child support payments. In order to be eligible for a variation of child support payments, you must meet certain requirements. The other alternative may be to have a settlement out of court with the child support recipient, and draft… Read More »

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Can an Ontario court order alimony payments after divorce?

By Zagazeta Garcia LLP |

An Ontario court may award spousal support payments to a spouse after a divorce in certain limit circumstances. For example, if there wasn’t proper and complete financial disclosure exchange between the parties, then spousal support issue may be relitigated even after divorce.

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What is legal separation?

By Zagazeta Garcia LLP |

In Ontario, spouses will be considered legally separated if they are living separate lives, such as they are no longer sharing a bedroom or they may not be having intimate relations. Although they may be separated, spouses may continue to live in the matrimonial home and still be considered separated.

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