Family Law Continued...

Child Support:
Generally child support calculations are made by consulting the Federal Child Support Guidelines, where the two variables are:
  • how much money the non-custodial parent earns annually, and
  • how many dependant children there are.

  • The type of custody arrangement is also a factor, as the guidelines assume that the child spends the majority of his or her time with the parent who is receiving the child support. The child support calculation also considers whether the child has special expenses related to childcare, healthcare, or other extracurricular and educational activities.

    In Ontario, when a marriage breaks down property rights are governed by Part I and Part II of the Family Law Act;

    Part I deals with all other matrimonial property; and

    Part II deals specifically with the division of the value of the matrimonial home

    Under FLA, equalization involves calculating each spouse’s net family property, and the spouse with the higher net family property must give the other spouse half of the difference between their net family properties.

    Net family property is the value of all of the spouse’s property that a spouse owns on the date of separation, minus some exclusions listed below;
  • Property (other than a matrimonial home) that was a gift or inheritance from a third party (i.e., not the other spouse);
  • Income from this property, so long as the giver or testator specifically stated that this was to be excluded from the spouse’s net family property;
  • Certain damages for personal injury settlements;
  • Proceeds from a life insurance policy payable on the death of the insured person;
  • Any property (except matrimonial home) that was acquired with money from the above exclusions;
  • Property that the spouses agreed by a domestic and then deducting the following:
  • The spouse’s debts, and
  • The value of property (except matrimonial home) that the spouse owned on the date of marriage (The value of any debts, on date of marriage are deducted from this value first).

  • Joint Property: Anything bought together that is registered in both people’s names is considered joint property. In this case, each person would claim half of the value.

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