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.
What happens to retirement funds and RRSP’s in a divorce?
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 »
I cannot get by on what is left of my paycheck. How can I get my child support lowered in Ontario?
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.
Can my spouse tell me that I cannot see my kids?
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 »