Posted by admin on Mar 22, 2023 in Blog | 0 comments

Are you struggling to understand how child support works? At Family Law Helps, we understand that child support can be a complex and confusing issue. As experienced family lawyers in Toronto , we often receive questions from clients about how child support is calculated and what factors come into play. How much child support do I have to pay? One of the most common questions is, “how much child support do I have to pay?” Unfortunately, the answer isn’t always straightforward. In Ontario, the amount of child support you must pay depends on several factors, such as where the children primarily live, your income, and any extraordinary expenses that need to be considered. As a result, it’s crucial to speak with an experienced family lawyer like Natalia Denchik, who can help you navigate the complexities of child support. We can use the Child Support Guidelines as a starting point to calculate the basic amount of child support you’re required to pay. The guidelines are based on your gross annual income and offer an online calculator tool, which we can use to estimate your monthly child support obligation. However, determining your annual income can be tricky if you’re self-employed or work in a “cash” based industry. That’s where a knowledgeable lawyer like Natalia Denchik can help. We can investigate your financial situation and determine the appropriate income to use for child support purposes. If the children spend a substantial amount of time with both parents, this could impact the amount of child support paid from one parent to the other. If the children spend close to equal time with both parents, child support may be set off. This means that each parent pays support to the other based on their income and the Child Support Guidelines. Our team can help you understand how this works and your obligations in this scenario. It’s important to note that the monthly child support prescribed by the guidelines does not consider additional expenses associated with raising children, such as childcare, medical costs, extracurricular activities, and university tuition. These expenses referred to as Section 7 expenses, are generally shared proportionately between the parents in addition...

Posted by admin on Mar 15, 2023 in Blog | 0 comments

How do we fairly allocate responsibility for child support when a child spends an equal amount of time with each parent? The Supreme Court of Canada’s decision in Contino v. Leonelli-Contino, 2005 SCC 63, answers this question. What is Section 9 of the Federal Child Support Guidelines? Section 9 of the Federal Child Support Guidelines outlines the joint custody scenario, where a parent has physical custody of or access to a child for at least 40% of the year. Under this section, the amount of child support must be determined by considering the amounts outlined in the Guidelines for each parent, the increased costs of shared custody arrangements, and the circumstances of each parent and child. The Supreme Court of Canada held that section 9 provides a specific regime for shared custody distinct from the presumptive rule in section 3, which requires support according to the Guidelines tables. Additionally, all three factors listed in sections 9 (a), (b), and (c) must be given equal consideration. Factors Considered in Determining Child Support in Shared Custody Arrangements Under section 9(a), the court must consider the financial situations of both parents, with a starting point of the parties’ respective Table amounts. However, the court must examine the recipient parent’s ability to meet the child’s needs, given that many costs are fixed. When making variation applications, the court must compare each parent’s actual contributions to the Table amount they would be required to contribute to determining if adjustments to the simple set-off are necessary. The court may vary the set-off amount if it would significantly affect the household standards of living. Section 9(b) recognizes that shared custody situations may result in greater costs, so the court must look at the actual spending patterns of both parents and the payor parent’s increased costs. These expenses are then divided based on the respective incomes of each parent. Finally, under section 9(c), the court must analyze the resources and needs of parents and children, including a comparison of the parties’ net worth. The court considers the child’s standard of living in each household and each parent’s ability to maintain an appropriate standard of living. It’s important...

Posted by admin on Mar 1, 2023 in Blog | 0 comments

As a divorce lawyer, Natalia Denchik specializes in providing legal advice and representation to individuals and families in matters related to divorce and family law. If you’re considering getting a divorce in Ontario, it’s essential to understand the divorce and separation process in this province. 1- Divorce Process in Ontario The divorce process in Ontario begins when one spouse files a divorce application with the court. This application must include information about the grounds for divorce, which can include adultery, cruelty, or separation for at least one year. If the grounds for divorce are accepted by the court, a divorce order will be granted. 2- When Mediation is Required If there are issues related to property division, child custody, or spousal support, these can be addressed through negotiations or mediation. If an agreement cannot be reached, a court hearing may be necessary to resolve these issues. Natalia Denchik – Family Lawyer Ontario on Biteable. 3- Ontario Divorce System It’s important to note that Ontario operates under a “no-fault” divorce system, meaning that you do not need to prove fault or blame in order to get a divorce. As long as you have been separated from your spouse for at least one year, you can file for divorce. Family Law Helps can assist you with all aspects of the divorce and separation process in Ontario, including property division, child custody and support, spousal support, and more. Natalia Denchik and her team can also provide guidance on alternatives to court, such as mediation or collaborative law. At familylawhelps.com, we understand that divorce can be a complex and emotional process. That’s why we’re here to help. Our team of experienced family lawyers will provide you with the legal advice and representation you need to protect your rights and achieve your goals in matters related to divorce and family law. Contact us today to schedule a consultation with Natalia Denchik or one of our other experienced family lawyers. We’re here to help you navigate the divorce and separation process in Ontario with compassion and...