by hussainlaw | Aug 10, 2022 | Uncategorised
It is the responsibility of both parents to pay child support in Ontario. In the event that you do not live together with your other parent, you must share the costs of raising your children.
What is Child Support?
Child support is an amount paid by one parent to the other parent to help cover the costs of raising the child. It is not uncommon for the parent with the higher income to pay the other parent-child support in order to keep both households at similar living standards.
Child Support In Ontario
The Ontario Child Support Act recognizes child support as a child’s right. Whenever it comes to determining how much child support should be paid, this is the starting point.
The Family Responsibility Office (FRO) is a branch of the provincial government that enforces child support orders and agreements that are filed with it, in addition to seeing the funds arrive in a bank account. It is important for FRO’s online database to contain all the correct information in order for payments to be made.
Myths About Child Support in Ontario
There are many myths and misconceptions about child support, which can cause parents to have unrealistic expectations about what they might owe or receive.
- Raising income: Changing the recipient’s income does not affect the payor’s obligation to support where there is no shared custody arrangement. It is important to keep in mind that child support is not intended to equalize parents’ income. Changing income will not affect a recipient’s support amount. Changes in income can, however, lead to a change in support.
- Age for Child: In Ontario, child support is not automatically terminated when a child reaches 18. When a child is enrolled in full-time, career-oriented education or is unable to withdraw from their parental care due to illness, disability or other reasons, child support can continue.
- Waive Or Bargain: According to Ontario law, child support is the child’s right, not the parent’s. This right cannot be waived or bargained away by parents. It is a child’s right to receive child support, and courts protect this right as they do most children’s rights.
Lawyer’s Role In Child Support
Having a healthy relationship with your former spouse may be difficult after a divorce. In this article, we will discuss some of the things child support lawyers will be able to assist you with:
- Legal Negotiations: Lawyers help divorced parents negotiate child support in Ontario fairly. In a divorce, the parties may have to go to court to determine who pays child support. To protect the children’s interests when divorce is final, a lawyer should be hired for mediation.
- Legal Troubles: When it comes to child support issues, hiring a professional lawyer is the best option, because getting personally involved may result in domestic turmoil. Keeping another parent from visiting the children may not be legal. By choosing a lawyer, you can protect your rights and improve your chances of success.
- Continuity In Payments: When a parent fails to pay child support, divorce and child support lawyers can help. A drastic change in the former partner’s financial situation may also account for the lack of consistency in payments. Divorce lawyers may be able to assist you if your partner is delaying payments or if your child is receiving less financial support.
Factors Affecting Child Support In Ontario
- Unexpected Expenses: These expenses include daycare costs, medical and dental premiums, and uninsured health care. Depending on their income, the parents share these expenses.
- Aspects Of Parenting: If you have shared or split custody, the judge will consider how much time the children spend with each parent.
- Financial Hardship: A parent who has financial difficulties may find it extremely difficult to pay child support. Evidence of this is needed, which is sometimes difficult to prove.
Prepare For Child Support With Hussain Law
We help you decide if this is the best process for you. Whether we are representing you in a contentious divorce, in negotiating a domestic contract, or in a collaborative process, our aim is to provide practical and cost-effective solutions.
At Hussain Law, we focus on helping our clients navigate separation and divorce’s emotional and financial challenges. If you have a family law issue or want to prepare for divorce that you need assistance with, please contact Ayesha Hussain a divorce lawyer in Toronto at 647-428-3919.
by hussainlaw | Jul 15, 2022 | Hussain Law
The process of divorce can be arduous. Anger, guilt, sadness, and loneliness are everyday feelings experienced by parties to a divorce. In spite of the commonality of these emotions, they may lead a couple to make divorce mistakes which may cause long-term financial and emotional consequences for that spouse.
There is more to divorce than just going to court. The process begins when you decide it’s your best option. Ultimately, the impact of your divorce will be determined by your actions. The following are 7 major divorce mistakes that can lead to a disastrous divorce if you don’t avoid them.
1) Inadequate Financial Planning
One of the most difficult aspects of transitioning from a two-earner household to a one-earner household is the adjustment period. In order to avoid making any divorce mistakes during this transition, we need to plan for it and not do anything that will exacerbate it. For this reason, you should prepare for your new financial situation by making a financial plan or budget. Make sure you have realistic expectations moving forward after divorce to avoid making this common divorce mistake.
2) Obtain Legal Advice To Avoid Divorce Mistakes
Despite the fact that you may have friends or family members who have gone through the divorce process, they are not experienced divorce lawyers and their advice may not be the same as your case lawyer. If you want legal advice, speak only with a divorce lawyer who is committed to your case. There is a lot of complexity involved in divorces, especially when it comes to dividing financial assets and making decisions about children’s futures. A qualified and competent divorce lawyer can provide you with tailored solutions to ensure your rights and responsibilities are protected during the divorce process.
3) Parenting Plan Not Well Thought Out
One of the most common divorce mistakes couples make is not setting up a parenting plan. Whereas, the establishment of a parenting plan is one of the most important parts of a divorce for anyone with children. A shared parenting agreement details where your children will live, who make decisions for them and how, how holidays and vacations will be spent, and many other essentials. Many people think that it is important to sign something quickly as a parenting plan can be easily changed later. In addition, not having a clearly defined decision-making protocol can also negatively impact parenting plans. Without knowledge, you cannot make informed decisions. Get advice from someone who knows how to set yourself up for success.
4) Dating Again Too Soon
Divorced people often make the mistake of dating again too soon after their divorce. It is advised to refrain from engaging in romantic relations with anyone while still married to your spouse. A new relationship may be used by your spouse against you in the divorce proceedings. You may also find it more difficult to negotiate with your spouse if you flaunt your new relationship. You should also be aware that new relationships may negatively affect your children. It can be confusing and possibly traumatic for a person to have a new figure in their lives right after they have been divorced, especially if it occurs too soon after the divorce.
5) Neglecting The Minor Details
Even if a divorce is not complicated, it can be exhausting to deal with the details. In lengthy legal proceedings, it is possible that you may have to divulge personal information about yourself. While negotiating for a divorce, you’re required to gather a staggering amount of data, and this data gathering and providing often does not stop after the divorce. Furthermore, it has also been observed that during this period, divorce mistakes are highly prevalent.
Prepare For Divorce With Hussain Law
Divorce can be emotionally and financially draining and highly unpredictable. Learn more about how to avoid divorce mistakes as the right lawyer can provide you with divorce and family law solutions tailored to you.
At Hussain Law, we focus on helping our clients navigate separation and divorce’s emotional and financial challenges. If you have a family law issue or want to prepare for divorce that you need assistance with, please contact Ayesha Hussain a divorce lawyer in Toronto at 647-428-3919.
by hussainlaw | May 9, 2022 | Uncategorised
Divorce is a stressful time for everyone involved. One of the biggest issues faced by couples who are divorcing is dividing property after a divorce. This can be especially challenging when they have children together.
You can also decide to keep things separate and not share any property at all. This is called “community property”, and both parties automatically get half of whatever they own.
If you have children from the marriage, then you need to think about their custody rights. If you want to keep them with you, then you should try to make sure that you do not lose too much money. You could contact an experienced family lawyer who can guide you through the process of child custody.
If you have been separated for a long period of time, then you might want to consider getting a prenuptial agreement. This way, you can protect yourself against losing anything if you end up divorcing.
If you have been married for a short amount of time, then you can still use community property laws. But you should know that this does not apply if you have been married for less than six months.
Ontario has a law that states if a marriage ends, all property acquired by the couple during their marriage must be divided equally. The property includes things such as:
- Home
- Car
- Business
- Furniture
- Pension
- Money
Any increase in the value of property owned before marriage is usually divided equally. This usually applies to the family home or apartment you shared with your spouse.
The federal government of Canada has the power to enact legislation on the following topics: Divided property in marriages and common-law relationships under the Canadian Constitution in Ontario
The marital relationship is regarded as a form of economic partnership between husband and wife. The relationship is based on the date of the marriage. Besides the concept of net family property, the Family Law Act also provides the concept of ‘equalization payments’ to be influenced by the actual division of family assets. According to the Act, it will be possible for a married couple to decide how their assets will be divided. The couple can achieve this by preparing a contract determining how the assets will be divided. It is also important to note that the Act enables property contained in a domestic agreement to be excluded from the spouse’s net family assets.
How Is the Ontario Marital Home Divided?
There are special provisions for matrimonial homes. It is not counted as a spouse’s deduction when the marital home is still existing as of the date of the separation. In the case of matrimonial homes received as gifts or inheritance, the gift or inheritance of a third party will not be permitted to be excluded.
Common-law couples
Those who live in common-law relationships don’t have to divide property acquired during their life together.
Property such as furniture and household items belong to the person who bought them. Increases in the value of the property that couples brought to a relationship cannot be shared between them. A portion of the property owned by your spouse may belong to you if you contributed to its acquisition. You might have to go to court to recover your contribution if your spouse does not agree to pay it back.
However, although there is no obligation on the part of common-law spouses to divide their property at the time of separation, they may choose to enter into a domestic contract that is intended to establish their respective rights to property, such as a cohabitation agreement or separation agreement.
Prepare For Dividing Property After A Divorce With Hussain Law
Divorce can be emotionally and financially draining and extremely unpredictable. Prepare for any circumstances after a divorce with the right lawyer who can provide you with family law solutions tailored to you.
At Hussain Law, we focus on helping our clients navigate the emotional and financial challenges of separation and divorce. Our office remains fully operational, and we have implemented various new procedures that allow us to continue to advise clients seamlessly during this time.
If you have a family law issue or want to prepare for divorce that you need assistance with, please contact Ayesha Hussain a divorce lawyer in Toronto at 647-428-3919.
by hussainlaw | Feb 22, 2022 | Uncategorised
In most cases, co-parenting after a divorce or separation is not easy. The key characteristic of co-parenting relationships is their focus on what’s best for the children. Co-parenting relationships come in various forms. It will depend on many factors, including how well you and the other parent get along, what kind of co-parenting relationship you create.
Co-parenting: How does it work?
Coparenting means both parents are involved with their children on a daily basis. In this way, you can best ensure that your kids’ needs are met and that they retain close relationships with both parents.
Below are five tips to assist you in co-parenting. Understanding how to co-parent can make a huge difference in providing your children with a balanced and happy upbringing.
1) Always Be There For Your Children
It is important to give time to building and maintaining quality relationships. Quality relationships can’t be developed and sustained without sufficient routine time. In addition to parental time, children also need to be emotionally present and take an active role in their day-to-day activities.
It is important at the end of the day for your child to be surrounded by people who are only striving to see them succeed. Set yourself up for success. Make your child feel like a part of your family. You can schedule a regular evening of family games, walks, and light activities.
2) Improve Communication With Your Co-parent
Despite what may seem impossible, there are many benefits to having a peaceful, consistent, and purposeful relationship with your ex. All you need is a positive attitude toward the situation. Whenever you communicate, you should put your child’s best interests first. Consider how your actions will affect your child before you speak with your ex, and resolve to conduct yourself with dignity.
There’s no need to meet face-to-face all of the time – talking on the phone, sending text messages, or exchanging emails is enough for most conversations. Find a method of communication that works for you, as the goal is to establish conflict-free communication.
Methods of co-parenting communication that work best:
- Establish a regular meeting/talking schedule.
- Maintain a professional tone.
- Relieve stress at the moment.
- Keep your cool.
3) Be Flexible and Accessible
Consistency is the key you will hear again and again. The best thing you can do for your child is to make him feel safe during difficult times. It is equally important to remain flexible. Stay on schedule, but always be open to changing things, especially when you can accommodate them. Rather than being difficult with your ex, don’t deny them time just because you might need their help one day.
Even if your instincts tell you to ignore their attempts to talk, you should still strive to be available to your ex. Don’t inconvenience yourself to take their call every time if you’re not available, but pick up the phone when you can.
Your child will appreciate your kindly, efficient, and respectful communication.
4) Establishing Boundaries Is Essential In Co-parenting
After separation, a lot of people change. As part of the process of moving on from a relationship, you have to unlearn your previous partner.
The process of establishing boundaries between a high conflict co-parent might sound easier than it is. However, it is certainly worth the effort. Set boundaries and stick to your parenting plan. When necessary, set communication boundaries and determine how to deal with them. Do not allow yourself to fall into the trap of becoming curious about what your co-parent is up to, and do not allow yourself to fall into the situations that lead you to feel curious about your co-parent.
Last but not least, you should never create boundaries for yourself when it comes to seeking help when you need it. Support is crucial if you want to truly overcome your obstacles.
5) Consult a Co-parenting Therapist
A professional can help you if you have been struggling to deal with a particularly difficult ex. So don’t hesitate to talk with a professional such as a counselor or therapist.
You can turn to them in situations like this to work through your emotions and maintain your emotional well-being. As you embark on this new phase of your life, you will likely face emotional barriers that prevent you from achieving your full potential. Counseling or therapy can help you overcome those barriers.
However, doing the work and investing the time into therapy can lead to a healthier co-parenting relationship in the long run.
At Hussain Law, we focus on helping our clients navigate the emotional and financial challenges of separation and divorce. Our office remains fully operational, and we have implemented various new procedures that allow us to continue to advise clients seamlessly during this time. If you have a family law issue that you need assistance with, please contact Ayesha Hussain (Family Lawyer Toronto) at 647-428-3919.
by hussainlaw | Feb 14, 2022 | Uncategorised
Life after a divorce can be tough and emotionally baring. Your perspective and your adaptability will tell a lot about how you approach your new situation. This period of your life can be the most challenging or the most harrowing, causing you to hurt people and leaving emotional scars you’ll never be able to heal.
In the wake of a divorce, the spouses and their children often face a perfect storm of stress: new living arrangements, parenting plans, and of course, decisions about property and finances. There’s no question that divorce is a significant change in your life, but it doesn’t have to be all bad. You can use it as an opportunity to make improvements in your life and set yourself up for a happy future.
It’s true that divorce is an ending, but it’s also a new beginning. Below are five ways you can change your life after a divorce.
1) Focus On You And Reinvent Yourself
It is important to take care of yourself after a divorce. To regain feeling whole again, many people take cooking classes or go to counseling.
Your divorce will leave you with a great deal more free time than you had previously. You can take advantage of this newfound freedom by improving and reinventing yourself since this extra time is yours and yours alone. You can really take it easy during this period and discover your individuality and independence, as well as branch out and discover new things about yourself.
2) Take Your Dream Vacation After A Divorce
Getting divorced can be extremely stressful for your mental, emotional, and physical well-being. You may feel like you’ve been through a battle by the time all the documents have been signed and assets divided.
Now is the time. If you like adventure vacations like white water rafting and bungee jumping, perhaps that’s what you’re looking for. When you are travelling, be intentional with your time. Don’t plan tours or other activities during every waking hour. Consider spending a day or two journaling, reflecting, meditating, or receiving a massage. As you return to everyday life, your time alone can allow you to gain clarity about who you are.
3) Increased Conviction And Self-Esteem
If your marriage was lacking intimacy or is full of animosity and contempt, divorce can boost your confidence and self-esteem.
Additionally to avoiding frequent arguments, dating on your own allows you to discover yourself and your unique qualities. An unhealthy marriage makes people lose sight of their unique characteristics, and divorce helps them rediscover them. Also adopting healthier lifestyles, many people who get divorced increase their exercise and physical activity as a result of divorce.
4) Building New Friendships After A Divorce
After a divorce, it’s easiest to start making friends with the people you already know.
When people enter into relationships, they tend to spend fewer and fewer hours with their old friends. Seeing how you continue to see them every opportunity you get shows that your true friends are understanding of this. You have to face the fact that once you get involved in a relationship, you have to devote more time to that relationship. You may find it helpful to approach your friends now that your partner is gone.
5) Discovering True Happiness
There’s no reason you’re doomed to be alone just because your marriage didn’t work out. In spite of the lower divorce rate than the often quoted 50 percent, first marriages rarely succeed, which means young marriages do not farewell. Don’t let your divorce discourage you from getting married again.
See the divorce as an opportunity to find the right partner for you. As a result of what you’ve learned from your previous marriage, you are likely to find that your next relationship or marriage is one you’ll cherish for a lifetime.
At Hussain Law, we focus on helping our clients navigate the emotional and financial challenges of separation and divorce. Our office remains fully operational, and we have implemented various new procedures that allow us to continue to advise clients seamlessly during this time. If you have a family law issue that you need assistance with, please contact Ayesha Hussain (Family Lawyer Toronto) at 647-428-3919.
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