GSadmin

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So far GSadmin has created 29 blog entries.
9 06, 2016

Do I have to go to court?

There are alternatives to going to court. Negotiation, mediation, arbitration and/or a collaborative law approach can enable the couple to resolve their separation or divorce issues without stepping foot in court. Ultimately you will need to apply to court for a divorce even if you settle all other issues by agreement (“all other issues” means [...]

9 06, 2016

I think my partner will be angry if I see a lawyer.

Section 183(2) of the FLA authorizes the court to make a protection order if family violence is likely to occur (or reoccur). Section 184(1) obliges the court to consider the following risk-factors: (a) any history of family violence by the family member against whom the order is to be made; (b) whether family violence is repetitive or [...]

9 06, 2016

Will we share the children 50-50?

Upon or even before separation, parents should reach agreements regarding future parenting arrangements. Usually, a shared parenting arrangement is in the best interests of the child. With respect to parenting time and parenting responsibilities (also referred to as “custody, guardianship and access”), our two Acts are almost identical. Section 16(8) of the Divorce Act states [...]

9 06, 2016

How do I find out his/her income for support purposes?

When determining income for support (including spousal support) purposes the starting point is s. 16 of the Federal Child Support Guidelines. A spouse’s income is first examined by way of his or her line 150 income, which is then adjusted in accordance with Schedule III of the FCSG. Section 17 of the FCSG provides discretion to the [...]

9 06, 2016

How much interim child and/or spousal support should I pay/receive?

Pursuant to s. 3 of the Federal Child Support Guidelines, the amount of a child support payable (for a child under 19) is the amount set out in the applicable table for the income of the payor. Section 4 of the FCSG provides for the determination of child support when the payor's income exceeds $150,000 per year: (a) [...]

9 06, 2016

When do I receive/pay interim child and/or spousal support?

With respect to child support (permanent and interim), both parents have an ongoing legal obligation to support their children. The objectives of the Federal Child Support Guidelines (FCSG), are: (a) to establish a fair standard of support for children that ensures that they continue to benefit from the financial means of both spouses after separation;(b) [...]

9 06, 2016

Who stays in the house?

Pursuant to s. 90 of the Family Relations Act, the court can order that one spouse may have “exclusive occupation” of the family residence. The test applied by the court is two-fold: (i) first the applicant must prove that shared use of the family residence is “a practical impossibility”; and (ii) second the applicant must [...]

9 06, 2016

Is family property and debt divided equally?

Either spouse may ask the court to “reapportion” one or more assets into his or her favour, for example, from 50-50% to 75-25%. On such application, the court will consider whether 50-50% would be “significantly unfair” in consideration of the s. 95(2) factors: (a) the length of the relationship; (b) the terms of any agreement; [...]

9 06, 2016

What is family property and debt?

“Family property” is all property that is owned by (or a beneficial interest in it is held by) at least one spouse on the date of separation, unless the property falls within the definition of “excluded property” (set out below). Family property includes property acquired after separation if it is derived from property that is family property. Section 84(2) of the FLA details certain [...]