zh-hant
zh-hans
en

Parenting Arrangements in Toronto

Parenting Arrangements in Toronto and the Effect on Child Support

Are you looking for a Toronto lawyer that can help you with Parenting Arrangements? It is well known in Ontario that parents have an obligation to provide support for their children as long as they are under the age of 18 or continue to be dependent on their parents.

However, it can get confusing determining which parent owes support, particularly when the children are spend time with both parents. In Ontario, Child support is determined based on the parenting arrangement chosen by the parties or ordered by the court.

There are a few different parenting arrangements:

  1. Primary Residence: If a child resides primarily with one parent for at least 60% of the time (or more) the other parent is obligated to pay child support in accordance with the Federal Child Support Guidelines (the “Guidelines”).
  2. Split Custody: A split custody arrangement exists if one child resides primarily with one parent while the other child resides primarily with the other parent (or a different combination of the above based upon the number of children). In the event of a split custody arrangement, child support is calculated as a set-off between the amounts each parent would pay the other.
  3. Shared Custody: A shared custody arrangement is when a child divides their time between the parents’ homes, spending less than 60% of their time with one parent and more than 40% of their time with the other parent.

Determining child support in a shared custody arrangement is more difficult than the other two types of parenting plans. In the case of a shared custody arrangement, the court will first use the set-off approach, but then evaluate the results of a set-off approach to determine whether the Guidelines should be followed or if a different arrangement should be set.

The court evaluates the set-off approach by considering the amount each parent would pay under the Guidelines, the increased costs of the parenting arrangement on either parent, and the means of the parents and needs of the children.

The court will also consider any differences in the children’s lifestyles between the parents houses. So in the case of a shared custody arrangement, the final support arrangement will depend on the circumstances of the parties.

Are you looking for a Toronto lawyer that can help you with Parenting Arrangements in Toronto? Call 1 844-618-8080 (toll free) or text 778—676—3808 to book your free consultation. Also ask our Toronto lawyers about flat fee billing options.

Parenting Arrangements in Toronto

The parenting arrangement implemented post separation or divorce determines who will be responsible for paying child support. As a result, child support arrangements will vary based on the parenting schedule set and if the parenting arrangement changes, then the support obligations will adjust as well.

If you have questions about the proper child support arrangement based on your parenting schedule, contact one of our family law lawyers in the Toronto office of Hart Legal for a free consultation.

Our lawyers have experience advising clients on setting up child support in accordance with the parenting plan.  We have offices in Downtown Toronto, Burlington, Newmarket, and Vaughn for your convenience.

Are you looking for a Toronto lawyer that can help you with Parenting Arrangements in Toronto? Call 1 844-618-8080 (toll free) or text 778—676—3808 to book your free consultation. Also ask our Toronto lawyers about flat fee billing options.

Pathways to Conflict Resolution

Everyone is aware that the court system is available to process divorces and make orders in relation to any family law issue.  However, if two spouses do not want to go to court to resolve their issues, what alternatives are open to them?

Below are some of the alternative avenues for resolution:

  1. Negotiation

In almost every family law matter, there will be negotiation. Negotiation can occur in many different situations. First, negotiation can be between the parties (without lawyers). Second, negotiation can occur through the parties’ lawyers prior to initiating court proceedings.

And, third, negotiation can occur after one party initiates court proceedings but before the trial date. Negotiation can enable the parties to come to an agreement without requiring the assistance of the court.  If parties are successful in reaching an agreement, the lawyer can draft a contract defining the agreement that is then signed by both parties.

  1. Mediation

Mediation is a method of dispute resolution where the parties retain a third-party professional to assist them in reaching an agreement.  The purpose of mediation is to assist the parties in accepting their situation, understand the other parties’ position, and try to reach an agreement.

The mediator’s role is to listen to the parties and assist them reach their own agreement. They cannot force the parties to reach an agreement or make any decisions for the parties. As well, they cannot provide legal advice.

  1. Arbitration

Arbitration is a procedure where the parties agree to appoint a neutral third-party person to make a decision on their issues.  In arbitration the steps are similar to a trial and the arbitrator is similar to a judge. The parties will make submissions and present evidence; the arbitrator will render a decision.

The benefits of arbitration are:

  1. the parties get to choose their arbitrator;
  2. the parties can opt to only compete some of the required steps typically required in the court procedure; and
  3. the parties get to choose the date of the arbitration, which is usually earlier than a trial date.
  1. Collaborative Law

In collaborative law, lawyers still represent the parties but both spouses commit to negotiating a resolution outside of litigation through a series of meetings.  These meetings, attended by both parties and their respective lawyers, are used as time to discuss a settlement that will satisfy the interests of both parties.

Related: Parents worry about kids’ screen time, but what about their own?

The foundation of collaborative law is based upon the parties’ agreement to cooperate and work collaboratively with each other to settle the issues.  The lawyers role in collaborative law is to provide advice, educate their clients, and ensure that the client makes sound decisions.

Are you looking for a Toronto lawyer that can help you with Parenting Arrangements in Toronto? Call 1 844-618-8080 (toll free) or text 778—676—3808 to book your free consultation. Also ask our Toronto lawyers about flat fee billing options.

There are pros and cons to each method.  As well, there can sometimes be risks associated with using one of these methods instead of proceeding to court.

However, alternative methods often offer a more satisfactory result for our clients. If you would like more information about alternative methods to conflict resolution, all of our lawyers in the Toronto office of Hart Legal speak to one of our family law lawyers in the Toronto office of Hart Legal.

Our lawyers are all well versed in alternative dispute resolution methods. We offer free consultations and have offices in Downtown Toronto, Burlington, Newmarket, and Vaughn for your convenience.

Comments : Off
About the Author

@Copyright 2016, HARTLegal | Disclaimer | HART Legal, A Professional Law Corporation as another name, in addition to Darren Hart Law Corporation.