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FAQS ABOUT FAMILY LAW

Question: What about splitting my spouse’s pension?

A Court can order a spouse to satisfy an equalization payment by transferring a lump sum out of a pension plan if it is appropriate to do so, as per sections 9 and 10 of the Family Law Act. In making the determination about the transfer to one spouse from the other’s pension plan and the amount to be transferred, if any, the Court may consider the following factors, among other things:

    • The nature of the assets available to each party;
    • The proportion of a spouse’s net family property that consists of the value of his or her  interest in the pension; and
    • The resources available to each party to meet their needs,  and the desirability of maintaining those resources.*

*This brief summary is not meant to be relied on as a complete source of information on this issue.

Question: My spouse and I disagree on our date of separation. What are the consequences?

The date of separation is usually the date we lawyers call the “Valuation Date” or “V-Day”.  Except in rare cases, such as where a party proves that they have an equitable or trust ownership interest in a particular piece of property, there is no sharing in the value of assets or in the debts or liabilities incurred by a party after V-Day. The value of the property, liabilities and debts that exist on V-Day will be shared if the parties are married.

Sometimes the result can be bad for you, such as when your spouse has incurred significant debt prior to the V-Day and sometimes the result is good, such as when an asset has significantly risen in value.

You can’t pick the valuation date based on what is most advantageous to you. Discuss with your lawyer the criteria a court will consider when making the determination as to what is the correct date of separation.  Give some thought to these criteria before selecting the date and pick the date that best reflects the criteria for establishing the date of separation.*

*This brief summary is not meant to be relied on as a complete source of information on this issue.

Question: What is child support and who must pay it?

The parent the child lives with most of the time usually has most of the expenses of raising the child. The other parent must help with those expenses by paying money to the parent the child lives with.

This payment is called “Child Support” . The parent who pays child support is called the “payor” parent.

Every parent has a legal duty to support their dependent children to the extent that they can.

Generally speaking, the monthly child support amount will be based on the Federal or Provincial Child Support Guidelines, and be guided by the number of children for whom support is payable and the income of the support payor.

A parent has a legal duty to support his or her child financially. This is true even if that parent was never married to, lived with, or had an ongoing relationship with his child’s other parent.

Although a parent has a legal duty to support his or her child, the only way to force someone pay, who refuses to do so, is by obtaining a court order*.

*This brief summary is not meant to be relied upon as a complete source of information on this issue.

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MISSISSAUGA OFFICE

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1715 Lakeshore Road West
Suite 204A
Mississauga, Ontario
L5J 1J4

Tel: (905) 855-9393
Email: info@rosefamilylaw.ca

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