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Ontario Divorce

Ontario Divorce Lawyers has client-focused experience and provides informed representation to get creative solutions for complicated family law concerns. Specialize in Child support, Spousal support, Property division, Child custody & visitation.

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Ontario Divorce

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  1. Frequently Asked Questions Part 1 Stanley J. Potter, Barrister & Solicitor40 Sheppard Avenue West, Suite 510Toronto, Ontario M2N 6K9Tel.: (416) 733-1400Fax: (416) 733-2979Stanley@StanleyPotter.com http://stanleypotter.com

  2. Will My Child Support be Reduced if I Have the Child More Then 40% of the Time? • In a shared custody situation where a parent has access or custody of a child more than 40% of the time over a course of a year, the amount of child support must be determined by taking into account the amount set out in the guidelines for each parent, the increased costs of the shared custody and arrangements, and the conditions, means, needs and other circumstances of each spouse and the child for who the support is ought. • There seems to be a variety of method used to calculation how the 40% is arrived at. • http://stanleypotter.com/faq-support-payments.htm#reducedchildsupport

  3. Can a Parent Move a Child Away? (Part 1/2) • A parent cannot just decide arbitrarily to pack up and move. A Court order is required. unless the moving party has the written consent of the other party to the move. • A leading case indicates that while a custodial parent had a right to determine where a child should live, if the proposed move would materially change the need, or the parent's ability to meet these needs, an access parents who objects to the proposed move may apply to the Court to vary the custody or access order. • Each party must show that there parenting plan is in the best interests of the child. • http://stanleypotter.com/faq-divorce-children.htm#parent-move

  4. Can a Parent Move a Child Away? (Part 2/2) • Four basic issues must be looked at: • While there is no presumption in favour of approving a move, a Court should give great respect to the bonfire wishes of a custodial parent. • That a move would result in a significant reduction in access is not a reason to deny the change. • The parents conduct is only relevant in so far as it affects parenting. • Custodial parents need not prove that his or her reason for wishing to move is necessary. It is sufficient that the move is proposed in good faith and not to frustrate or interfere with access. • The same principles apply under both Provincial Legislation and the Divorce Act. • It is helpful to have an independent assessor to provide more information to submit to a Judge. • The age and maturity of a child will be taken into account regarding the child's wishes. • http://stanleypotter.com/faq-divorce-children.htm#parent-move

  5. Can I Change My Child's Name? (Part 1/2)  • A person with lawful custody of a child may apply to change the child's forename or surname or both unless a Court Order or Separation Agreement prohibits the change. • The application to change the name requires that the notice of the application be given to every person who is lawfully entitled to access to the child. • A change of name of a child should only be allowed if it is in the best interest of the child and the party purposing the change has demonstrated that the change of name of the child will benefit the child throughout his or her life. • The child should not automatically have his or her surname changed to conform to the present surname of the custodial parent. • http://stanleypotter.com/faqs-family-law-issues.htm#childname

  6. Can I Change My Child's Name? (Part 2/2) • The only remedies available to an access parent wishing to prevent the change of the child's name would be; • To move to restrain the name change from taking place, by seeking relief in the nature of an injunction; • Bring a variation application to vary the terms of the Order granting custody to specifically forbid a name change without the consent of the access parent; • Once the changed name has already been granted, to apply to set it aside in an application • http://stanleypotter.com/faqs-family-law-issues.htm#childname

  7. Can I Vary a Custody or Access Order? • Custody and Access orders are never final. Both the Divorce Act and Provincial Legislation authorize a Court to change orders if there is a material change in circumstances. The Courts will have to decide whether it is in the best interests of the child to make the change. • The Applicant must prove two things: • That a material change has occurred. • That as a result of the material change, the prior order no longer reflects the best interests of the child. • The conditions, means, needs and other circumstances of the child occurring since the original order was made will be considered. • In order to constitute a material change in circumstances, the changes must not have been contemplated or foreseeable at the time the original order was made. • http://stanleypotter.com/faq-divorce-children.htm#access-order

  8. How Do the Child Support Guidelines Apply to Incomes Over $150,000.00? (Part 1/2) • Where a support payer earns more than $150,000.00, if a court considers the guideline support to be inappropriate it may order the payer to pay the table amount for the first $150,000.00, decide what proportion of the balance of the table amount should be devoted to child support having regard to the conditions, means, needs and other circumstance of the child, the financial abilities of each spouse and contribute to the child's support and the amount, if any determined under section 7 of the guidelines. • A court must order the table amount for the first $150,000.00 and a court may increase or decrease the presumptive amount of support where it is inappropriate but it is unlikely that it will do either. • http://stanleypotter.com/faq-support-payments.htm#income

  9. How Do the Child Support Guidelines Apply to Incomes Over $150,000.00? (Part 2/2) • The courts should only increase or decrease the amount of support if the table amount is so in excess of the child's reasonable needs so as to no longer qualify as child support. • Most courts are unlikely to reduce the table amount of support for incomes less than $1,000,000.00 annually. • It could be argued that courts should decline to award add on support under section 7 of the guidelines in high income cases in absence of proof that the total amount is insufficient to meet the needs of the special expenses. • http://stanleypotter.com/faq-support-payments.htm#income

  10. THANK YOU Stanley J. Potter, Barrister & Solicitor40 Sheppard Avenue West, Suite 510Toronto, Ontario M2N 6K9Tel.: (416) 733-1400Fax: (416) 733-2979Stanley@StanleyPotter.com http://stanleypotter.com

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