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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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In my Ontario divorce case, what are the alternatives to going to court?

By Zagazeta Garcia LLP |

If you do not wish to litigate issues arising out of marriage breakdown in court, you may choose to avail yourself to mediation or a domestic contract called a separation agreement.

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How are child care expenses divided in Ontario?

By Zagazeta Garcia LLP |

Child care expenses in Ontario fall under the umbrella of Section 7 expenses. Those expenses are shared by both parents in accordance and in proportion of their annual incomes.

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Can a dependent spouse be forced to work in Ontario?

By Zagazeta Garcia LLP |

A dependent spouse, or a spouse receiving spousal support, cannot be ordered to work in Ontario. However, if that spouse is under-employing themselves, the court may impute their income to the level of income that that spouse has the ability to earn.

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What is joint custody?

By Zagazeta Garcia LLP |

Joint custody means that both parents will have to make major decisions about their children together. In order for joint custody to work, parents must be able to co-parent and make decisions jointly.

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Is my spouse entitled to a portion of my business in Ontario?

By Zagazeta Garcia LLP |

Your spouse may be entitled to a portion of your businesses in Ontario. If your business was existing prior to marriage, then your spouse may have a lesser interest in the business, rather than if the business was started during marriage or at the outset of marriage.

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Do the wishes of a child have any influence in custody decisions in Ontario?

By Zagazeta Garcia LLP |

Yes, if a child is 13 years or older, their views and preferences will be looked upon by courts before making their final custody and access decision.

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Can a grandparent ever get custody of a grandchild against a natural parent in Ontario?

By Zagazeta Garcia LLP |

A grandparent may get custody of their grandchildren against the natural parent if they can satisfy a court that it is in the best interest of the children for them to have custody.

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What is child support?

By Zagazeta Garcia LLP |

Child support is financial assistance paid to the parent who primarily cares for the children. Child support is highly regulated in Ontario. It is based on the parent’s annual income and the number of children that they have out of their relationship.

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