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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 if my spouse cannot be found or evades service of the divorce papers?

By Zagazeta Garcia LLP |

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.

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Can I lower my child support payments in Ontario if I spend more time with my kids?

By Zagazeta Garcia LLP |

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.

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Can spousal support be modified or terminated in Ontario?

By Zagazeta Garcia LLP |

Spousal support may be modified or terminated in Ontario provided that you meet the legal requirement of material change in circumstances.

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What happens to retirement funds and RRSP’s in a divorce?

By Zagazeta Garcia LLP |

In a divorce, the RRSPs, or Retirement Savings Plans that you have accumulated during the marriage may be consider a major asset, which needs to be divided between the spouses when there’s a breakdown of marriage. In order to calculate what interest if any the spouses have on the Retirement Savings Plans, you should… Read More »

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I cannot get by on what is left of my paycheck. How can I get my child support lowered in Ontario?

By Zagazeta Garcia LLP |

In Ontario, you may get child support payments lowered if you meet the legal requirement of something called, undue hardship. If you have limited disposable income because of reckless spending, or because you are mismanaging your finances, that may not necessarily trigger an undue hardship variation on your child support payments.

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Can my spouse tell me that I cannot see my kids?

By Zagazeta Garcia LLP |

A spouse may unilaterally and unreasonably withhold children from the visiting parent. If the access time that you have with your children has been court-ordered, by frustrating the time with the children or not allowing you to see them, that person is breaching a court order and you can seek legal remedies to enforce… Read More »

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What happens if we reconcile and want to cancel the divorce?

By Zagazeta Garcia LLP |

If you have reconciled and you have not been granted a divorce order yet, you may withdraw your application for divorce and the matter will be closed. However, if you have already been granted a divorce order, then your only other option will be to remarry.

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I share custody with my ex-spouse, but I feel that he/she is an unfit parent. What should I do?

By Zagazeta Garcia LLP |

Biological parents are legally obligated to provide child support with respect to their biological children. Generally, child support will be received by the parent who primarily resides with the children.

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Can my child’s other parent be ordered to pay for our child’s college education in Ontario?

By Zagazeta Garcia LLP |

In Ontario, a child’s college or university education is considered a Section 7 expense, which falls under the umbrella of child support. Both parents have the legal obligation to pay for the child’s educational expense. If one parent is unwilling to pay for such expense, you may apply to court to obtain an order… Read More »

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