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Friday, March 31, 2017

SELF-REP HELP KITS

ANNOUNCEMENT: we are working on a series of HELP KITS for self-represented litigants.

So far, we are considering KITS on the following topics (and they will include Forms and instructions):

1. How to complete an effective Financial Statement

2. Ending or changing child support by Motion to Change

3. Navigating Case Management in Ontario

4. Understanding pleadings (Application, Answer and Reply)

and others!

STAY TUNED!

UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on preparing an effective:

  • Financial Statement (both long-form and short-form); and
  • Affidavit.
MORE MANUALS TO COME! 

Thursday, March 30, 2017

The child support "grid"...tables under the Child Support Guidelines - Ontario


once heard radio talk show host refer to a "child support grid"We have heard this phrase used in other contexts as wellWhat does it mean?

The "grid", otherwise known as a "table", is a tool which assists us in calculating the first of the two components of child support, commonly known as the "table amount".

Child support in Canada is generally calculated using both federal and provincial legislation (depending on whether the parents of the child were married or not) called the Child Support GuidelinesThis legislation includes series of tables which set out monthly amounts payable by the parent with whom the child or children in question do not live primarily, in different Provinces and based on different income levels

These tables are sometimes referred to as "gridsbecause they actually look like gridsOn the left hand side of each tablethere is a column with incremental income amounts and to the right are corresponding table child 
support amounts, depending on the number of children involved.

There is separate table for each Province because the cost of raising children varies from location to location

The child support amounts set out in the grid represent the monthly amount to be paid by the non-residential parent to the primary residential parent, on monthly and repeating basis - the tables do not provide for an automatic terminating event or date - that is a question which depends on the facts of each particular case.


The amounts provided for in the tables are "net" to the recipient parentThis means that no tax is paid by that parent on the table amount received. Correspondinglythe payor parent does not have an opportunity to deduct these amounts for tax purposes (this is different than the tax treatment of periodic spousal support).


UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on preparing an effective:

  • Financial Statement (both long-form and short-form); and
  • Affidavit.

MORE MANUALS TO COME! 

Monday, March 27, 2017

"How do I get a divorce?" - Ontario - BlogBite (19)

As you can imagine, we hear this question A LOT!

In Canada, only a Judge can grant a divorce. For this reason, the Court must be notified if either party wants a divorce, even if all of the other issues are settled, by way of Separation Agreement, for example.

How does the Court "get notified"? One of the parties needs to commence a court proceeding, by Application (a joint Application is also an option). In the Application, the spouse commencing the court case would ask for a divorce BUT may also ask for other relief, like child support, custody and other claims.

When to ask for a divorce and whether to ask the Court for just a divorce or a divorce with other claims is a very important, strategic decision for which you likely need legal advice.

In lay terms, a "divorce" is what happens when two married spouses separate but in strict legal terms, a divorce is only the order of the court which ends a marriage and as a result of which the spouses are no longer spouses and are divorced.

It is important to realize that the granting of a divorce DOES NOT deal with any of the other issues in the case between separated spouses.

SO: if your case involves issues like custody, access, child support, spousal support and property division, to mention just a few, then your court case must name all those IN ADDITION to a divorce and ask the Court to deal with those issues as well.

These are complex, technical issues Get legal advice. We offer unbundled services to give you advice on limited, specific issues as well. 

Thursday, March 23, 2017

What is a matrimonial home - Ontario? - BlogBite (18)

In simplest terms, in Ontario and for family law purposes, a matrimonial home is the place where married spouses live together at the time of separation.

Here is more information you may find interesting/relevant:

1. A matrimonial home does not have to be owned by both spouses or even one of them. It can be a rental unit, for example, or a property owned by a corporation.

2. A family can have more than one matrimonial home. For example, a family cottage can, in the right circumstances, be the second matrimonial home.

3. The Family Law Act gives spouses special "possessory rights" in connection with a matrimonial home, no matter who actually owns the property.  A spouse cannot be deprived of such rights without consent or court order.

4. The value of matrimonial homes is divided between the parties on separation in a unique way, based on the provisions of the Family Law Act. Homes which are brought into the marriage and which are the matrimonial home at separation are also treated in a very specific way under this legislation (and unlike the division of other assets). Legal advice is crucial in this area.

5. Remember: The phrase "matrimonial home" applies only to situations where the spouses are married to each other (ie: are not common-law spouses).

UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on preparing an effective:

  • Financial Statement (both long-form and short-form); and
  • Affidavit.
MORE MANUALS TO COME! 




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