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Relocation with the child to another province.

Relocation with the child to another province.

Posted by on Apr 17, 2023 in Blog | 0 comments

In 2022 Supreme Court of Canada upheld the decision to allow the mother to relocate with the child 10 hours drive away because she had been the victim of domestic violence and abuse during and the parties’ cohabitation. Family violence is a “ critical consideration” in the child’s best interest. Supreme Court of Canada is clearly stating no presumption of shared parenting time. Relocation may be permitted even if this substantially reduces parenting time for the non-relocating parent. Relocation is a change in a child’s residence place that is likely to impact the child’s relationship with the other parent significantly. Relocating parent has to give the other parent a notice. Should you have any questions, please contact our office to book an appointment (zoom appointments are available). 2. Mediation is another option for family resolutions. Mediation may be recommended and utilized by the parties ONLY if there is no history of domestic violence and the parties maintain amicable communication. Mediation is an exclusively voluntary and cost-effective way of resolution family matters. All participants in mediation are encouraged to participate actively in the process. Mediation is a “party-centred” process in that it is focused primarily on the needs, rights, and interests of the parties. The mediator uses various techniques to guide the process in a constructive direction and help the parties find their optimal solution. Our office successfully resolves legal disputes by providing efficient, cost-effective and impartial ways to help the parties to reach an amicable resolution. Our office provides clients with customized, in-person, virtual and hybrid resolution using the latest technologies and highly trained specialists. Marriage contract/cohabitation agreement. The Parties can change the marriage contract or/cohabitation agreement if: a change in financial circumstances, family circumstances, spouses decide to reconcile, a change in marital problems and estate...

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Understanding Child Support: A Guide for Parents in Toronto

Understanding Child Support: A Guide for Parents in Toronto

Posted by 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...

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Section 9 of the Federal Child Support Guidelines and Child Support in Shared Custody Arrangements

Section 9 of the Federal Child Support Guidelines and Child Support in Shared Custody Arrangements

Posted by 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...

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An Overview of the Divorce and Separation Process in Ontario: Guidance from Family Lawyer Natalia Denchik

An Overview of the Divorce and Separation Process in Ontario: Guidance from Family Lawyer Natalia Denchik

Posted by 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...

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Small Claims Proceedings During The Pandemic

Small Claims Proceedings During The Pandemic

Posted by on May 4, 2021 in Blog | 0 comments

Effective April 12, 2021 the Ministry of Attorney General issued Consolidated Notice to the Profession and Public regarding the Small Claim court. The Small Claims Court will stop using request forms under this notice. Hearings can be requested using the processes explained in this Notice. The processes for requesting urgent matters have changed. New regulation set up a remove hearing For new potential litigants it is recommended to retain services of the professional. Professional service of Paralegal are very important to start your small claim matter in the Superior Court of Justice. Parties are encouraged to use the Small Claims Court E-Filing Service portal or the Small Claims Court Submissions Online portal to file forms and documents online without going to court. Since the suspension of sittings of the Ontario Small Claims Court in March 2020 due to the COVID-19 pandemic, the Court has progressively expanded the matters that it will hear remotely. The Small Claims Court will continue to monitor the situation and, as possible, will further expand the types of matters and hearings that will be heard during these extraordinary times. Please note that hearings will only be scheduled if a request for a hearing is submitted in accordance with the instructions below. For more information, please visit link https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/suspension-small-claims-ops Remote Hearing Platform is not set up by Zoom. To request an urgent hearing, you must obtain a date for the hearing from court staff. To do this, please contact the email address for the Small Claims Court location where the action is based. Your email must comply with new requirements. If you mater was already before the court, and defendant already served and file his/her defense, next step on your proceedings will be settlement conference. You do NOT need to take any further steps to move your matter forward until court staff will contact you or your legal representative. During the time of pandemic, it is authorized to sign the documents electronically by DocuSign or any through any other platform. Our office if fully equipped to serve our current and new client remotely. PREPARATION OF DOCUMENTS. For new potential litigants it is very important to know...

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Contact Natalia Denchik

45 Sheppard Avenue East,
Suite #900, Toronto, ON
M2N 5W9

Direct line : 416-258-9566 | 416-800-9246

13025 Yonge Street, Unit #201E,
Richmond Hill, ON
L4E 1A4

Direct line : 416-258-9566 | 416-800-9246
Fax: 416-900-5168
Email: ndenchik@familylawhelps.com
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