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What is child custody?

By Zagazeta Garcia LLP |

The parent or parents who have custody of their minor children are authorized to make major decisions regarding those children. Major decisions may include healthcare decisions, education, or religion.

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If a father terminates his parental rights, does he still have to pay child support in Ontario?

By Zagazeta Garcia LLP |

If a parent terminates their parental rights in Ontario, they are no longer under a legal obligation to pay child support for that child.

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Does my ex-husband have to continue to pay spousal support if I am now living with another man?

By Zagazeta Garcia LLP |

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 »

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What is a shared parenting arrangement in Ontario and how does it work?

By Zagazeta Garcia LLP |

A shared parenting arrangement in Ontario means that both parents will have equal time with the children. Generally, it will be on a week of a rotation.

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If child support is not paid, must visitation be allowed in Ontario?

By Zagazeta Garcia LLP |

Yes, visitation and child support do not go hand-in-hand. If you’re not making child support payments, you are still eligible to have time with your children.

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Do I have to pay spousal support in a divorce in Ontario?

By Zagazeta Garcia LLP |

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 »

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What is a marital separation agreement in a divorce in Ontario?

By Zagazeta Garcia LLP |

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.

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Can I oppose a divorce in Ontario?

By Zagazeta Garcia LLP |

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 »

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Can men seek spousal support in Ontario?

By Zagazeta Garcia LLP |

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.

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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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