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When you step into the offices of a Family Law lawyer, you are facing decisions that will touch every aspect of your life in a profound way. You want the very best support and representation but, as with all other expenditures in life, you have a budget. What can you do to manage your cost and maximize your favourable outcome? To avoid the stumbling blocks that people regularly face in settling their Family Law concerns, employ these tips from an experienced Family Law lawyer.
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If you are separating or divorcing and you have begun your search for a family law lawyer, you may have experienced some sticker shock. Hourly rates for family law lawyers can be daunting, so you will benefit from some advice to make your family law dollar go further for you.
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Divorce lawyers have stepped into the hallowed halls of a Courthouse so many times that it is second nature to us. We are in our element in a place that can be alien, and very daunting, to others. So, each time we enter a Courthouse with our client, we need to remind ourselves that this is, almost certainly, a first for them. Our clients are generally highly stressed and uncertain as to the process. They are nervous as to what will be asked and expected of them. I’ve had clients report that they have experienced sleeplessness, weight loss, lack of productivity in their work and home lives and other physical and emotional challenges due to the stress of an upcoming Court attendance. It shouldn’t have to be this way.
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The amount of child support is determined by the Child Support Guidelines. The Child Support Guidelines provide a relatively straightforward and predictable tool for support determination. They utilize the income of the child support pay or and the number of children, among other variables, to identify the child support amount.
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This payment is called “spousal support”. In some jurisdictions, but not in Ontario, this payment is also called alimony. Married spouses and “common-law” spouses, whether they are same sex or opposite sex spouses, can be called upon to pay spousal support.
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Where will you live once your separation is complete? Will you have to sell the family home? Can you afford to maintain the family home? How will the value of large assets, like a pension, a business or real estate, be shared when a relationship ends? Must you share your inheritance with your spouse? Must you share gifts received by you with your spouse? Uncertainty about these types of questions can lead to worry.
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In Ontario, married spouses are expected to equalize the value of all of the property that they acquired during their marriage, with certain specific exceptions, which are discussed below.
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Many unmarried, cohabiting couples assume that, if they separate, each of them will share one-half of all of the assets, or wealth, that they accumulated as a couple. This is an inaccurate, though widely held, belief. An unmarried, cohabiting spouse does not have any automatic right to share in the property of his or her partner, in the event that they separate.
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Achieving financial wellbeing, present and future, is one of the most important goals for separating spouses.
Uncertainty and fear about the financial future can fuel needless family law battles, even though the cost of such battles does not advance the goal of financial wellbeing.
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