A hardship in one’s relationship can have negative ramifications emotionally, mentally, and physically. But more often than not, it also impacts us psychologically. Following a divorce, one usually doubts themselves and concludes that the breakup or failure resulted from their shortcomings. 

However, we must not forget that as we evolve in life, moving from one phase to another, so should our personality and outlook. Rather than questioning your deficiencies, the best thing you can do for yourself is to start chasing your dreams and focus on creating a life that you always desired.

The following are some ways to cope with regaining your self-confidence post a divorce:

• Be Kind to Yourself

– It is very easy to sit and blame yourself for the failure of your marriage. However, the first step to regaining your self-confidence is to be kind to yourself and allow yourself to feel the multitude of emotions you might be experiencing. Going through a divorce can be a painful process, but giving yourself the love and care you deserve, along with ample time to grieve, can help ease your pain.

• Train your Mind to Think Positively

– Stay away from negative self-talk and focus on incorporating more positivity into your life. If you catch yourself in the downward spiral, stop yourself and ask yourself why you are treating yourself in such a manner. You might not believe it, but the power of positive thoughts can genuinely transform your life and outlook.

• Forgive Yourself and the Other Person

– It is essential to make peace with the past and forgive yourself and the other person for their mistakes. Being in denial about the situation will only make it worse, as the feelings of resentment might build up over time, and you may not outgrow them. Especially in the case of couples with children, avoid badmouthing the other parent as it can put a strain on their relationship with their children and create an unpleasant atmosphere for everyone involved.

• Rediscover Yourself

– Look at life after a divorce as a second chance to experience life to the fullest and rediscover the person you were before your got married. Indulge in all the activities you previously could not and step outside your comfort zone, whether it be enrolling yourself in a pilates class, joining the gym, or taking up a new hobby. This will give you a chance to meet new people and will also boost your mental health. Even if your goal is not to interact with people, creating a space where you feel most at ease will help you reconnect with yourself.

• Get Support

– If you find it challenging to improve your self-confidence during or after your divorce, consider seeking help and support from a professional counselor. An experienced family therapist or counselor likely knows how to guide you better, having had the experience of working with many clients who experienced similar feelings and were in a similar frame of mind as you. Additionally, you can speak to like-minded individuals who have gone through a divorce themselves and express your feelings.

We at Juzkiw Law know how unpleasant and messy divorce can get, and hence, we will do everything we can to make this process as peaceful and straightforward as possible. For more detailed information and guidance, feel free to contact us at +1 (416) 286-2645 or visit our website to book a free consultation with a specialized Divorce Attorney. 

Before breaking the news to your kids, it is important to know how to approach the conversation so that they understand the situation and feel supported. It is vital to pre-plan what to say to your kids and anticipate their possible reactions. Although there is no easy way to break the news, make sure that both spouses or partners are present for the conversation.

Tip #1: Conflict Aside, Take Time to Plan

Granted, going through a divorce is an arduous and emotional process; keeping conflicts aside and taking the time to plan what to say to your kids and how to say it is important. Remember that your kids will be navigating unchartered territory too, and taking the time to talk to them and making them a part of the process will prove beneficial in the long run.

Tip #2: Keep Heated Discussions and Legal Talk Away from Kids

Your relations with your spouse or partner may not be the best at this time, but it is crucial to keep them aside when talking to your kids. It is difficult for kids to cope with the reality of their parents getting separated, let alone knowing that there are feelings of enmity between them. The goal is to make your kids feel valued and secure, so make that the central focus. Additionally, do not play the blame game or try to coerce your kids to “pick a side.” This hurts your kids and is not fair to them.

Tip #3: Use Simple Language and Keep the Information Perspicuous

Be honest with your kids without burdening them with the information they may not be able to handle. The most important thing is reassuring them that the divorce is not their fault. Kids of different ages and temperaments will ask different questions and require different levels of information. Take this into consideration when talking with your kids.

Tip #4: Encourage Them to Ask Questions and Keep an Open Line of Communication

Remember that this is a sensitive time for your kids. Thus, making them feel safe and secure is the best thing you can do. Kids are usually concerned about their security as well as wanting to be there to support their parents. Some common questions they may have are:

–      Whom will I live with?

–      Where will I go to school?

–      Do I have to move?

–      Where will each parent live?

–      Can I still see the other parent?

Be prepared to answer uncomfortable questions. It is best to plan what you will tell the kids. You may not have all the answers, but make sure to tell them all that they need to know at that moment. It may be helpful to consult a professional counselor.

Tip #5: Show Them That They Will Be Loved and Cared For

Tell them that their emotions are valid. Allow them to express their feelings and listen to them when they convey those feelings to you. Tell them that their feeling sad and upset is completely fine and understandable, and ask them what you can do to make it better. Some kids usually take time to process information before reacting. Let them know that this, too, is fine. During such a difficult phase, kids are wary of how the relations between their parents will be. Tell them that whatever the outcome of the divorce, they have the support of their parents, who love them and will continue doing so.

Spouses or partners going through a divorce should consult a professional divorce lawyer with relevant expertise to consult you through the process. Getting a divorce can be a mentally and emotionally taxing process, and we are here to support you through it. Call us on (647-699-7984) to speak with a specialized Divorce Lawyer who can provide you with appropriate guidance. You can also visit our website to book a free consultation or visit us in person. 

What Is Spousal Support?

Spousal supports are payments from one spouse to another after a separation or divorce in order to financially support the dependant spouse. This consists either of monthly payments intended to help the recipient spouse maintain a decent standard of living after the parties dissolve their marriage or receipt of lump sum spousal support which circumvents the burden of paying ongoing periodic monthly spousal support.

Spousal Support Calculation

Spousal support is calculated on a mathematical formula known as the “Spousal Support Advisory Guideline” (or the “SSAG”). Although the SSAG is not law, Canadian courts have determined calculations using the SSAG are quite convincing and thus are regularly used to determine the amount and duration of spousal support. The SSAG does not deal with entitlement to spousal support (that depends on tests as set out in respective provincial Divorce and Family Law Acts). Once entitlement is ordered by a Canadian Family court, the SSAG is then used to determine the amount and duration of spousal support.  

The formula considers the following factors:

• Party ages
• Party incomes
• Relationship duration
• The number of children in the relationship and their ages etc

Two formulas are used in the SSAG. One is called “With Child Support,” and the other procedure is called “Without Child Support”, with the amount of spousal support altering if the payor has a child support obligation. Spousal support is based on the difference between the two parties’ gross income for each year of marriage, with the duration of support based on the marriage’s length.

The “With Child Support” model of spousal support places more emphasis on the children’s rights to have financial security before considering the spouse. For divorced or separated couples with limited financial resources and who have children, alimony payments can be reduced first to meet the children’s needs.

The formula used to calculate spousal support with this model relies heavily on the Individual Net Disposable Income (INDI) for each party. Factors that influence duration in the “With Child Support” model include the recipient age, the duration the youngest child would take to finish high school, and marriage length.

Requirements for Alimony Payments

There are three types of spousal support:

• Contractual Spousal Support: A settlement between spouses that is usually drafted within separation agreements.
• Compensatory Spousal Support: Support that assists both parties and may be proposed if an economic handicap is created due to the marriage.
• Non-Compensatory Spousal Support: spousal support made for the financial aid of the recipient spouse. 

When deciding if a spouse is eligible to receive spousal support from the other, the criteria a judge considers includes:

• Marriage duration
• Each spouses’ financial income and resources accumulated during the marriage
• Spousal roles during the years they were married
• If there are any children with whom parent they will reside
• If the supported spouse will be self-sufficient within a realistic period.

Hiring a Spousal Support Lawyer

Due to the complexity of the formula, computer software is required to calculate the SSAG. As a result, it is best to consult with an experienced spousal support lawyer who can make the necessary tabulations fairly, accurately, and in your best interest. Speak to Juzkiw Law about your spousal support concern today. If you have more questions about family law visit our frequently asked questions or call us today.

1. The first step is to decide if you want a Divorce and separation from your spouse.
2. Gather a divorce application and the required forms as each province and territory has its requirements. You can gather legitimate forms by asking a lawyer.
3. Find on what grounds you want to file a divorce like no-fault or for a fault divorce.
   • Fault Divorce – It is filed under the grounds of cruelty or adultery, which means that a spouse is trying to provide others’ fault solely in their marriage breakdown. Firstly, you need to gather the required documents as the courts will be requiring proof of exactly what happened, which confirms the claim. A legal representation is suggested to cover all the aspects of this claim. On the other hand, “Fault Divorce” are costly and consumes more time. Secondly, it is crucial to prove that under what grounds you file a divorce and under what reasons your marriage has broken down. This seems complex; we recommend you have a consultation with a family law lawyer describing your situation, so you get the best and accurate help
   • No-Fault Divorce – You do not need to wait to be separated for one year to apply for a divorce in Canada, as you can start an application process as soon as you and your spouse are separated. It is an inexpensive and easy way to obtain a divorce. Courts can only grant you divorce when your one-year separation is completed. Separating for one year means you and your spouse must be living separate lives. Living in a different house can be an easy way to do it. However, if living in a separate house is not possible due to financial reasons or childcare, you can also continue living in the same house but not as a couple. For more information and assistance, please contact our family law lawyer for advice.
4. Find if your divorce is uncontested or contested to specify the type of divorce on your divorce application.
   • Uncontested Divorce: If both partners agree to the terms and reasons for the divorce. This type of divorce only requires one application.
   • Contested Divorce: If both partners don’t agree on the terms and reasons for the divorce. In this case, a separate divorce application needs to be filed from both spouses.

5. You can include an outline in your parenting agreement, support, custody if there are children involved in it. If the divorce is contested, each spouse will need to provide their preferences. On the other hand, you need to outline your agreed arrangements in terms of uncontested divorce.
6. File your divorce application at the courthouse in your province/territory of residence, or you can take the help of a family law lawyer. You need to pay the respected fee associated with your application. Moreover, you also need to complete if any 
7. You can include an outline in your parenting agreement, support, custody if there are children involved in it. If the divorce is contested, each spouse will need to provide their preferences. On the other hand, you need to outline your agreed arrangements in terms of uncontested divorce.
8. File your divorce application at the courthouse in your province/territory of residence, or you can take the help of a family law lawyer. You need to pay the respected fee associated with your application. Moreover, you also need to complete if any additional formalities requested according to your province/territory of residence.
9. It would be best if you waited for clearance from the divorce registry located in Ottawa. Follow the court procedure and conduct your services accordingly. Once the divorce papers have been served to your spouse, then He/She has 30 days from the day of doing to respond to the divorce application.
10. If you get no response from your spouse after 30 days of your filing, you can set down your divorce with the Court by submitting your divorce order, affidavit for divorce, and clerk’s certificate
11. After all the steps are done, you have to wait for the Court to grant you a divorce. If the judge is satisfied with the provided application and supported documents, they will issue a divorce order.
12. Once you get your divorce certificate 30 days after the divorce order is granted, you will be legally divorced and entitled to get remarried.

You are likely to face problems such as child support, child custody and sharing of assets during the divorce process. Seeking legal help can save you from hassles and ensure that your rights are protected and you get the best advice. Consult the most frequently asked questions about family law or call us.

Disclaimer: This article is for educational or informational purposes only and does not represent any legal advice. Legal advice may vary in a particular case.

What is Child Support?

The laws in Canada provide a legal right for every child to have financial support from the parents. Parents are responsible for taking care of their dependent child financially. The term dependent child means the child who is below 18 years of age. 

When parents live together with their children, they support the child together. When they get separated and not living together, the parent having custody has the responsibility to take care of that child. However, the other parent should provide financial support to the custodian.

The decision concerning Child Support can be made in the form of a Separation Agreement or a Court order and can also be made without any written agreement. In any way of agreement, the child’s routine care is the responsibility of the parent with custody. The payor parent should help financially to pay for the expenses incurred by the parent with custody.

Who are Parents?

A parent can be a birth-parent, a non-birth parent, an adoptive parent, and sometimes a step-parent. A person who has even shown the intention to treat a child as their family member can also be considered Parent. 

Who Pays Child Support?

According to the Department of Justice Canada, Child Support is money paid by the parent, that spends the least amount of time with the child to the parent who takes care of the child most of the time. It is used to help cover the costs of caring for the child. Even if your child spends an equal amount of time with each parent, the parent with the higher income may still have to pay some child support. The parent who pays support is called the payor parent. The payment of child support may remain active even after the receiving parent remarries or start living with someone else.

When to Apply for Child Support?

The benefit of child support is usually claimed right after the separation or divorce. However, it can be applied at any time after the separation or divorce. The best recommendation to deal with child support is as early as possible and figuring out the child’s custody. Early decision in this regard is that at the time of separation, a parent might not be anticipating the expenses they have to incur for the child, but they might face it later on. 

When does Child Support end?

Child Support is a continuous activity to be performed by the payor parent. However, child support can be withdrawn in the following situations:

• The child has married
• They are 16 years of age and have voluntarily left parental control

There are also some situations where child support can be extended beyond the age of dependency, i.e., 18 years of age. For example, any child who cannot support themselves due to disability or illness or attend school full time is entitled to child support. If a child is attending school full time, the child must be paid until the age of 22 years or until the child receives a post-secondary degree or diploma.

What is a Child Living Agreement?

The terms and conditions of the child support payment are finalized in a Support Agreement. There are three different ways in which the Support Agreement can be secured:

1. The parents can cooperate to form a Support Agreement. It is recommended that they follow Child Support guidelines to decide the amount of support agreed by a judge if presented before a Judge. It is the responsibility of the paying parent to provide accurate and complete information about their income. The best way to set a Support Agreement is to hire a lawyer to draft a Support Agreement, and the other parent hires a lawyer to review it before signing it. In this way, both parents will know what is intended in the agreement and will stay protected. 
2. The parents can also look for a mediator to help the parents come to a common conclusion for a support agreement. 
3. If parents themselves cannot reach a joint agreement, they should hire lawyers to negotiate the terms. If no agreement is reached, the matter will be presented before the court to decide. The Judge will then decide how much amount is required to be paid by the payor parent. 
4. The amount of Child Support

The amount of child support is based on the number of children, the paying parent’s residence, and the paying parent’s annual income. The Federal Government provides an online child support calculator, which can help parents decide the amount for child support.

How to receive or pay Child Support?

When the parents have concluded a support agreement through court or online, they must submit it to the Family Responsibility Officer (FRO). It helps families get the support they are entitled to by collecting, distributing, and enforcing child and spousal support payments. It also determines how the money is to be paid and received. Even if the support agreement is prepared through a written agreement, it can still be submitted to FRO to determine the mode and payment time. 

Payor parent must provide the payment to the FRO, who will send a cheque to the parent with custody. If the payor parent fails to make the payment, FRO will enforce the order or agreement.

The payment can be paid to FRO in the following ways:

1. Directly paid by the payor parent.
2. Deduction from wages
3. Registration of a charge against personal property 
4. FRO can take money from a bank account. In the case of a joint statement, up to 50% 

FRO (Family Responsibility Officer) is also entitled to suspend the driving license, report to the credit bureau, or cancel the passports to pressure the payor parent.

Can Child support amount be reduced?

The FRO cannot change the amount to be paid by the payor parent. However, if the parents think that the amount needs to be reconsidered, they must obtain a new order from the court or write a new support agreement. 

Is Access to Child denied if Child Support is not paid?

No, access to the child is not denied even if the payor parent does not pay the child support. It is for the betterment of the child to have a relationship with both parents. Denying access to a child is considered as punishment to the child, and the law is not designed to punish a child whose parents failed to pay the child support. The only way to deny the access to the child is if there is likely a harm to child from the accessing parent. 

Therefore, choosing the right representative dealing with child support matters and family law issues is a critical decision to take. Juzkiw Law Professional Corporation can help you through this process and provide you with the best legal solution. 

About Juzkiw Law:

The Juzkiw Law firm has extensive legal knowledge and family law matters. We help our clients navigate the tricky territory of Canadian Law while focusing on managing their strategic needs and bringing them the desired results.

If you need any assistance in obtaining child support or any family law issue, please contact us immediately at +1 (416) 286-2645 to ensure your rights are fully protected. We understand the hardships you are going through and will work hard to obtain the best possible settlement.