CHILD SUPPORT LAWYERS IN MISSISSAUGA
At Tailor Law, we understand how exhausting it can be not only to separate from your spouse but to continue to care for your children during this tension-ridden process. There’s enough on your plate, but parenthood doesn’t come with any breaks. Often, when parents split up, each party maintains a different idea of what is “fair”. A good lawyer will employ sensitivity and legal knowledge in order to guide you through your separation and pave a way forward for you and your child(ren).
Because parents often have different incomes and different roles in the family dynamic, the splitting of financial assets and obligations can become messy and confusing. Competing perspectives may make resolution difficult or seemingly impossible. We are committed to advocating for a resolution that is in your best interest and to make sure that the interests of your child(ren) do not get lost in the shuffle.
In deciding family law matters such as child support disputes, the court will consider the mental and physical welfare of the children with respect to factors such as: special needs, living arrangements, education, childcare and financial maintenance.
In seeking or paying for child support, you want top lawyers on your side to ensure you’re getting a fair deal. Tailor Law provides representation for child support matters in Mississauga, as well as in Oakville, North York, and throughout the GTA. We encourage you to give us a call to see how we can help!
CHILD SUPPORT – MISSISSAUGA FAMILY LAWYERS
Joint / Shared Custody & Support
When a child’s separated parents have joint custody of the child, that means that each parent has a right to jointly make important life decisions about their child. These important decisions include those pertaining to the child’s health, education, and religion. Because of this decision-making power, joint custody is also referred to as joint legal custody.
In addition to having joint legal custody of their child(ren), separated parents are said to have shared custody when their child resides with each parent for at least 40% of the time. This is also referred to as joint physical custody. It is possible for parents to have joint (legal) custody without having shared (physical) custody.
Upon deciding to separate, partners with children will need to figure out where their kids will live, the amount of time the kids will reside and spend with each parent, the amount of child support owed per month by each parent, and the arrangements that will be made for transporting the kids from one parent’s residence to the other. The time a non-custodial parent spends with his or her child(ren) is called “access”.
In order to move forward as smoothly as possible, separating parents must come to an agreement regarding the child custody and access arrangements that will be put into effect. This can be done informally, between the parents themselves, but to be enforceable by a court, this agreement must be in writing and meet certain conditions, such as the requirement that both parties obtain independent legal counsel before signing. If the parties and their lawyers are unable to agree on what the terms of this agreement should be, they may employ the assistance of a mediator or arbitrator, or the issues may need to by decided in court by a judge.
Sole / Full Custody & Support
Joint custody is not always the best option. In highly contentious separations or divorces, it may sometimes be best for the child if only one parent retains legal and physical custody. This is known as sole custody or full custody. The parent without custody may or may not have access rights (the right to spend time with their child), but that parent will not reside with or make important life decisions for the child. That parent may or may not still retain the right to know all of the information about what is happening in their child’s life.
Child Support Payments
Child support payments are monthly transfers of funds from one separated parent to the other for the purposes of the child(ren)’s care and maintenance. In a case of parents who share physical custody of their children 50/50, both parents are responsible for contributing financially to their child’s wellbeing, and their contribution amounts are based on their gross incomes and financial circumstances. In a sole custody situation, the support payments would flow from the parent without custody to the parent with custody.
Although child support is generally paid until the child is 18 years old, it can be extended in certain cases if, for example, it may be extended if the child is unable to live independently, or is enrolled in full-time post-secondary education.
Child support payments are not based on the genders of the parents, nor are they based on which parent has legal or physical custody of the child. They are based on the financial circumstances of each parent. These payments are calculated in the same way whether a child’s parents were married, living together in common law, or not in a relationship at all. Either way, children have a right to be supported financially.
Because there are a number of factors that go into determining the proper child support arrangement, it is highly advisable to seek out a family lawyer to guide you through the process. Tailor Law handles both simple and complex matters of child support. We offer legal assistance with child support matters in Mississauga as well as Oakville, North York, and throughout the GTA. Please call us at 905-366-0202 to schedule a free consultation with one of our lawyers.