Child & Spousal Support

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Child & Spousal Support

Quantifying child support, attaining an agreement or court order for child support, and enforcing a child support order is something every separating parent in Ontario deals with at one time or another.

Our lawyers will help you understand your entitlement to and/or obligations for child support, how to deal with the matter of child support arrears, as well as the practical implications of dealing with the Family Responsibility Office.

Many people have questions about the duration of a child support obligation and whether their custody arrangements preclude them from paying child support. The specifics of each situation determine the answers to these questions and many others. If you have minor children and are ending a relationship, it is essential that you meet with a lawyer to discuss the options available to you and to make sure that your children are taken care of.

Issues such as the retroactivity of support, the varying of support obligations and the matter of special or extraordinary expenses can often confuse parents who find themselves unsure of the extent of their financial responsibilities. In addition, many payors and recipients do not understand the support implications of a child attending university.

Dealing with matters of money often makes people tense, and this is especially true with parties who are separating. It is therefore invaluable to have a lawyer communicating with and for you, alleviating your stress and anxiety and keeping you from making emotional, rather than practical and equitable, decisions regarding support.

The family law lawyers at Epstein & Associates are well versed in family law and can help you understand your obligations for child support. Please contact our office to schedule a free initial consultation to discuss the particulars of your specific case.

Spousal Support

Entitlement to spousal support and its payment obligations is one of the most commonly-litigated issues in family law.

The quantum and duration of spousal support payments, the tax consequences of the payment and receipt of spousal support, and the conditions under which a party’s obligations for spousal support may end are all situation-specific and tied to the parties’ history and their financial futures.

Contractual, compensatory, and needs-based support are the three models of spousal support upheld by the courts and your family law attorney will review the facts or your case and advise you if any of the three apply to your situation, whether you are the payor or the recipient.

If you have children and are subject to a child support order, your lawyer will explain how the “with child” formula of spousal support will affect you, and walk you through concepts such as net disposable income, which often confound individuals.

If you are a custodial parent who is paying child support, your lawyer will explain to you the considerations that are factored into the calculation of such payment and provide you with the approximate figures you may pay.

Moreover, spousal support is payable periodically or by lump-sum payment, and the tax consequences and appropriateness of each vary according to the particulars of the payor’s and the recipient’s circumstances. Before you agree to a spousal support term or become subject to one by a court order, you should meet with a qualified family law practitioner and arm yourself with the necessary information.

As spousal support quantum and duration both exist on a continuum, negotiation of spousal support is almost always required. To this end, it is essential to have an experienced family law attorney on your side, someone who can be effective without being needlessly abrasive is invaluable.

The family law lawyers at Epstein & Associates are well versed in collaborative family law. Please contact our office to schedule a free initial consultation to discuss spousal support and payment obligations.