A common feature after a divorce is that one spouse may choose to change their name. Further, a parent may also choose to change the child’s name too. Petitioning a court to change a child’s name is usually not difficult, all it requires is filling out a few basic forms that are downloadable for free. However, getting a judge to approve the name change is a different issue. This article will discuss the manner in which family court would handle changing a child’s name and the elements taken into consideration.
In order to achieve an uncontested divorce it is imperative that you and your spouse come to an agreement on all issues that are raised as a result of the divorce. Thus it is important for you and your spouse to communicate and maintain an open and healthy environment that allows for negotiations. Such an open and healthy environment for negotiations can be achieved by way of mediation. A previous article discussed the first two stages of mediation; agreeing to mediate and understanding the problem, this article will discuss the last three stages of mediation; the generating options stage, the reaching agreement stage and the implementing agreement stage.
There are a number of questions that people ask in respect of separation agreements. This article will address some of the frequently asked questions in relation to separation agreements Ontario.
1. What is a separation agreement?
A separation agreement is a contract between two parties to a divorce or separation. The fact that it is a contact means that its contents are legally binding to the parties of the agreement and is governed by the law of contracts. Therefore, if any parties to the agreement fail to execute the terms of the contract either party may bring a claim for breach of contract. However, if the separation agreement is unfair or unreasonable a court will set aside such a contract and will not enforce it. For example, a separation agreement that is unreasonable is one that may exempt the noncustodial parent from paying child support to the custodial parent.
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.
The easiest of all types of divorce is an uncontested divorce. An uncontested divorce is where the couple agrees on all issues relating to their divorce and this is when one spouse files an application for divorce and the other spouse does not file an answer. The spouse’s failure to file an answer is taken as being in agreement to the divorce filed; and he or she is not contesting the divorce and is in agreement with the divorce application. Therefore, one does not file for an uncontested divorce however, the divorce becomes uncontested if one spouse fails to file an answer to the divorce application of the other spouse within the required period of time.
In order to successfully end a marriage there is need for debts and assets of the marriage to be divided between the marital parties. Upon separation or divorce each spouse is entitled to what is termed and equalization of net family property. The equalization will be carried out for any couple who go to the court for the division of property as opposed to spouses who decide to settle and share the marriage’s net family property between themselves privately for a simple divorce Ontario. Any spouse can apply for equalization from the court in accordance to the Ontario Family Law Act at any time after separation has begun.
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:
SEPARATION AGREEMENT IN TORONTO
What is a Separation Agreement?
If you are contemplating a separation or are separated from your spouse or common-law partner, a domestic contract known as a ‘separation agreement’ may be drafted to make arrangements for issues such as:
- Division of Property (i.e. who gets to keep the car);
- Spousal support/spousal support releases and child support;
- The living arrangement of the children (i.e. custody and access).
- Parenting plans (i.e. religious issues, educational matters, travel etc.)
- Debts, pensions, medical/dental benefits, life insurance.
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.