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Family Issues With Divorce

Family Issues With Divorce. Child Custody. Custodial Parent: the parent with childcare responsibilities Non-custodial Parent: usually given access (right to visit) to the child Determined with “the best interests of the child”. But….

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Family Issues With Divorce

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  1. Family Issues With Divorce

  2. Child Custody

  3. Custodial Parent: the parent with childcare responsibilities • Non-custodial Parent: usually given access (right to visit) to the child • Determined with “the best interests of the child”

  4. But… • Tender Years Doctrine: belief that young children (under 6) should be in the custody of their mothers

  5. Types of Custody: • Sole: only 1 parent has care of child • Joint: one parent has primary care but both make decisions concerning upbringing • Shared: both spend “equal time” with child and make decisions concerning upbringing • Split: siblings are separated

  6. Access • Reasonable: flexible – no fixed schedule • Defined: schedule defined by court • Supervised: non-custodial parent supervised by 3rd party during visits • Grandparents can also apply for access

  7. Child Support The amount of money the non-custodial parent pays to support their child Doesn’t matter if you were married or not

  8. Calculation • Since 1997 Federal Child Support Guidelines: • Specific tables and rules • Based on income, number of children, and income tax rates for the province • Can apply to court to reanalyze if financial situation changes

  9. Spousal Support • Money that one spouse pays the financially dependant spouse once the marriage or relationship has terminated

  10. Take into Consideration: 1.How long they were married 2.Role each played in relationship 3.Ability of one spouse to support the other 4.Existing agreements Lasts until re-marriage or self-sufficiancy

  11. Family Assets:

  12. Dividing the Assets: • New Family Property: the value of a couple’s assets, minus any debts at the date the relationship ends (pre-marriage assets, inheritances and gifts are not included) • Equalization Payment: what the spouse with the higher value of assets pays to the other spouse to make the division of total assets more equitable

  13. Matrimonial Home • Each spouse has equal right of possession • Sometimes sold and proceeds split • Sometimes court will award it to custodial parent until kids leave house

  14. Unequal Division of Property • Order of unconscionability: an order requiring a division of property that recognizes that an equal division would be unfair to a spouse

  15. Common Law • Take what you brought into relationship • May take into consideration when one spouse contributed to assets in a non-financial way

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