FAQ

Child support does not automatically end at a specific age. While many believe child support stops at 18, it may continue if an adult child over 18 is unable to withdraw from parental care. Reasons can include enrollment in full-time education or having a disability. The conditions for ending child support can be complex and often open to interpretation. Consulting with a lawyer can provide clarity on your specific situation.

A child can legally decide who they live with once they turn 18. However, their wishes and preferences are important factors before then. Courts consider these wishes when determining the child’s best interests, especially as the child gets older. For detailed guidance on how a child’s preferences impact parenting time and residence, it is beneficial to consult with a lawyer.

You may still be obligated to pay spousal support if you lived together in a situation of permanence, even if you were not legally married. Factors such as the length of time you lived together and whether you have children are significant in determining spousal support obligations for a common-law spouse. For more information, consulting with a lawyer is recommended.

If your spouse wishes to relocate with the children, they must provide notice as required by provincial and federal legislation. If you do not consent to the move, it is crucial to clarify your objection. Depending on the circumstances, you or your spouse may need to commence court action to either prevent the move or gain permission. Acting quickly and consulting with a lawyer is essential to protect your rights and your children’s best interests.

Your existing support order or agreement may outline the terms for stopping spousal support. Support may be subject to review if there is no specific end date. This review considers both parties’ incomes, the length of time support has been paid, and other factors. Retirement can significantly impact the ability to pay support and may warrant modification or termination of the support order. Consult with a lawyer for detailed information on terminating or reducing spousal support.

In Ontario, we have a no-fault divorce system. This means that in most cases regarding property division, support, or parenting decisions, a spouse’s infidelity is not relevant. Courts focus on factors such as the best interests of the children, relevant incomes, and assets. For further information on whether a spouse’s infidelity may be pertinent to your case, consult with a lawyer.

Generally, an inheritance received in Ontario is not subject to property division and is excluded from Net Family Property for equalization purposes. However, the inheritance must be traceable to an existing asset and not used for the marital home or comingled with it. For more information on how an inheritance affects property division, consult with a lawyer.

A spouse typically does not have a claim to property purchased after separation. However, it’s essential to consider how purchasing a new home may impact your parenting plans, such as school continuity and adequate space for children. Consult with a lawyer for more detailed advice on buying a home post-separation.

If there is a support obligation, the court can order a support payor to obtain a life insurance policy to secure their support obligation. The amount required is based on the support obligation and its duration. To discuss this obligation in more detail, consult with a lawyer.

In Ontario, only married spouses can claim equalization of Net Family Property, including an interest in a spouse’s property. However, common-law spouses can seek equitable remedies under the principle of unjust enrichment. They can claim they suffered a loss due to their contributions to a property, resulting in a gain for the other spouse. For more information on common-law spouses’ property claims, consult with a lawyer.