How Child Support Is Determined And Who Must Pay

Typically a child lives primarily with one of the parents, and provided that the access parent does not have the child with him or her at least 40% of the time, then that access parent becomes the payor and he or she will pay child support pursuant to the Child Support Guidelines. The Child Support [...]

What Happens When The Parent With Whom The Child Resides Wants To Move Away From The Access Parent

The test that the court uses in almost any situation concerning a child is what is in the child’s best interest. Every case is unique and the court looks at all the factors in the case that are relevant. If the parent with whom the child resides has received an offer of a job in [...]

How The Court Determines Who Has Custody Of The Child And How Custody Is Divided

I often find that when individuals first meet with me they understand custody to mean where a child lives and who spends time with the child. Custody is really about decision making. Joint custody means that the parents are equally responsible for making decisions about the child, his/her education, religious upbringing, medical care, etc. Sole [...]

What Is Necessary To Change A Custody And Access Agreement.

Generally, once an order or an agreement is made regarding custody or access, there has to be a material change in circumstances such that would be in a child’s best interest to change the custody or access terms that are in place. Usually this is a difficult task for the parent seeking the change. They [...]

The Meaning Of The Term Divorce

When I initially meet people, they often have a misunderstanding of what an actual divorce is. A divorce is granted by a judge and it terminates the civil marriage between two persons. It doesn’t necessarily deal with those issues that people are usually concerned about: for example custody, access, child support, spousal support, or property [...]

Is It Necessary To Go To Court In A Divorce Case?

People often want to know if they have to go to court. And our response is, no, you can resolve your matter outside of court and that is usually our aim in all cases. Out of court, you can prepare a separation agreement, which is a contract that governs the terms of the breakdown of [...]

The Meaning Of The Term Legal Separation

A question that I am frequently asked is: what is a legal separation? People often tell me they want a legal separation and usually they are referring to two things: one, what family law lawyers in the family courts consider being separated, which is also referred to as the date of separation; and two, a [...]

Spousal Support And Property In A Divorce Case

Another concept people have to be concerned with during divorce proceedings is spousal support. Spousal support is a very difficult issue even for lawyers to assess. Spousal support is based upon numerous factors such as the means and needs of the spouses upon separation, their ages, education and employability, the length of the marriage, the [...]

Your Rights In A Divorce Case When Children Are Involved

The number one question that people ask me at the start of a divorce case is, usually: what are my rights? People facing the possibility of divorce want to know what they are entitled to and what their responsibilities are. They need to inform themselves so they can protect their own interests and, if there [...]

The Costs Associated With A Divorce

One of the most frequent questions we are asked is: how much does a divorce cost? There is no simple answer to this question. There are the court fees, first of all. These are fees that are payable directly to the court and the amount is very dependent on the path the case takes. In [...]

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