Divorce in Ontario
The dissolution of a marriage is going to cause upheaval in a couple’s life. When children are part of the equation, then those upheavals are compounded. Before initiating a discussion with your spouse about ending the marriage, it might be helpful to talk with an experienced divorce lawyer. You will want to go into those early discussions armed with as much information as possible. That begins with understanding how the process of a divorce in Ontario works.
Similar to a separation agreement Ontario, divorcing parents may consider drafting a child support agreement. When the parents decide on a child support agreement it is of utmost importance that the agreement be put in writing and must be signed by both parents. When deciding the child support amount, it is helpful to take into consideration what the court takes into consideration – the child’s interests. Further, you can consider how much child support a judge is likely to order in your situation. Judges base their decision of the child support amount on Child Support Guidelines that are set out in Federal Child Support Guidelines which are regulations under the Divorce Act. This article will discuss modifying or changing child support.
Steps For Motion to Change Child Support
After a final Order has been made by a Judge with respect to monthly child support payments, circumstances may arise that warrant changes be made to the original final Order. You will likely have to bring a motion to change child support. The procedure to bring about these changes to the Order has been outlined in Section 15 of the Family Law Rules. This process entails bringing a motion to change or modify child support payments.
A motion to change child support may be brought before judge when there is material change in the financial circumstances of the payor spouse or when there is material change in the financial circumstances of the receiving child. Example of this are:
WHAT IS CHILD SUPPORT IN ONTARIO?
When parents no longer continue to reside with each other, an arrangement is usually made in terms of which parent the children may live with and for how long. Usually the parent with which the children reside most of time is entitled to obtain from the other parent expenses relating to raising the children. This is called child support.
ELIGIBILITY FOR CHILD SUPPORT IN ONTARIO
When filing an uncontested divorce in Ontario, there are two types of uncontested cases:
Uncontested Sole Divorce: When both spouses are in agreement about the divorce and do not oppose the divorce, either the husband or wife files the divorce papers with the court asking for the divorce. Once the papers are filed with the court, your spouse is served with the divorce papers. Your spouse then has 30 days to contest or challenge the divorce, or make a claim such as for support, property, custody, etc. If your spouse does not challenge the divorce within the required period, the divorce will proceed as “uncontested” and will be finalized by the Ontario court.