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Posts in family law ontario
"What I had when we married - why does it matter?"

Common Question: "I was married for several years and I am now separated. Someone told me that it is important for me to show in my paperwork what I had when I married my wife. Why does this matter?"

Answer: Ontario's Family Law Act provides a mechanism, unique to our Province, for the sharing, on separation, of the spouses' assets and debts, by value.

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"When do my child support payments end?" - Ontario

Here is a hypothetical about which we receive a lot of questions:

Question: “My son turned 18 nine months ago. I stopped making child support payments to my ex-wife based on our court order a month later because he is now 18. I just got a letter from the Family Responsibility Office that I have to pay up what I owe for the last 8 months and continue to pay on a monthly basis. But he is 18!!! His mother is also sending me emails that I "do not get it" and have to continue paying. Do I have to?

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"How do I know my 16-year-old is still in school?"

Question: I am still paying child support for my 16 year old son. Someone just told me he is not in school any more and now working full-time. Am I entitled to know what he is doing? How do I find out?

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"I called the FRO and they are not helping me...."

We hear this statement quite frequently.

Here is a typical scenario:

* Parties' family law case ends with a final order for child support. They have one child. Dad pays child support for 9 years.

*Daughter turns 17 and moves in with her boyfriend. She also gets a full-time job.

*Dad has irregular contact with daughter, particularly as she gets older.

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About Confidentiality - Talking to your lawyer

We are all entitled to privacy. This extends to (and is perhaps most important in) a family law case. If you are separated or are considering separating, keep in mind the following:

1. If you retain a lawyer or if you consult with him or her, your communications (verbal and in writing) are confidential (we use the word “privileged”). For lawyers, the obligation to keep the information they obtain confidential (other than in the context of a court case) is in place for his or her lifetime.

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Separation and Social Media

Some time ago, The New York Times reported on the results of a study of teenagers. The study focused on teenagers’ texting habits and their reactions to being interrupted. Unfortunately, the results are not that surprising, are they? Many such studies, with similar results, have been conducted since then.

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"How do I get a divorce?" - Canada

As you can imagine, we hear this question A LOT!

In Canada, only a Judge can grant a divorce. For this reason, the Court must be notified if either party wants a divorce, even if all of the other issues are settled, by way of Separation Agreement, for example.

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