Month: November 2018

5 Myths You Were Told By Family and Friends About Child Support

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1) There is no obligation to pay child support if the children stay 50-50 with the parents

This is not the case. Children spending more than 40% of the time in each parent’s house is referred to as shared parenting. In such cases, child support can vary from the child support guidelines. To determine child support obligations, each parent’s income should be determined, and the child support obligation should be set as per the Child Support Guidelines. The ‘set-off’ amount of child support is determined by subtracting the lower support payment from the higher payment. For instance:

Parent 1 obligation amount: $500

Parent 2 obligation amount: $250

Set-off support – parent 1 pays $250

The last step is to determine if the children’s standard of living will be similar at each parent’s house. This helps in changing the set-off support amount. TO understand more about the offset amount, family lawyers Richmond Hill are available in towns like Richmond Hill who can help with the calculations.

  1.   2) After sending income information, Family Responsibility Office (FRO) will change support payments and stop child support payments when the children reach the age of majority

This is not true. FRO do not have the authority to change the support being paid without an amending order, agreement, consent of both parties. Also, they don’t have the authority to re-evaluate child support obligations. If a parent’s child support obligation has ended, the recipient can file for withdrawal from FRO so that enforcement is ceased with immediate effect. To understand more about the role of FRO, contact a family lawyer near Richmond Hill.

 

  1.   3) Child support obligation changes as per the support recipient’s income 

This is true for most of the times. On the off chance that the children spend over 40% of their time in both the parent’s house, at that point a set-off of child support, as depicted above, might be suitable. On the off chance that the youngsters spend under 40% of their time with either parent, at that point, the primary caregiver’s wage does not influence child support. The support recipient’s pay is considered in deciding each parent’s commitment to the children’s section 7 for extraordinary expenses. These expenses are regularly paid proportionately to parent’s salary. The relation between the wage and support amount, consult a family lawyers Richmond Hill who can help with the intricacies.

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  1.   4) I, or a third-party, can control or screen how child support is spent. On the off chance that child support isn’t utilized to buy things straightforwardly for the children, I don’t need to pay

This is not true. Neither the support payor nor a third-party agency can control how child support is spent by the support recipient.

  1.   5) If my ex receives child support from another individual along with child tax benefit, this will reduce my obligation to pay child support

This is not true. If your ex receives child support from other individuals, this will not affect your obligation to pay support for your biological child. The amount of support paid to stepchildren might be affected if you are standing in the place of a parent i.e. Loco parentis. More on this can be consulted from family lawyers Richmond Hill.

As per the Child Support Guidelines, the support recipient’s receipt of child tax benefit has no effect on the obligation of the payor of the child support obligation. Family lawyers Richmond Hill available near towns like Richmond City can help you to understand your rights and obligations.

 

Law

Few things about parental alienation in a divorce

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Every child is special for his parents and in the same manner, the child loves both his parents equally. It is very for him or her to select one between the two, but in the case of divorces, it becomes kind of compulsory. The situation can become even worse if any of the two parents try to manipulate the child by saying bad things about the other one. Here are a few things you need to know about parental alienation as suggested by Oakville divorce lawyer and the tips you should follow in order to protect yourself.

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Examples of such cases

When a couple decides to get a divorce, the person that got affected the most is their child. This not only changes the lifestyle of the child but his mental and physical state too. Worst happens when the child faces a manipulation from one parent. The mother or father tries to keep the child away and against the other parent. This is the weirdest situation as many divorce lawyer Oakville suggest, one can ever face in his or her life. Choosing between your parent is not just difficult, but next to impossible. These manipulative attacks can affect a child’s mind adversely.

Protective measures

The duty of a parent is to develop a special bond with his child so that at the time of need, the child does not have any hesitation while confessing things. There should not be any kind of fear or feeling of anxiety in them. They should feel free and should be comfortable in asking any question. You should always encourage them to speak openly and should not keep things in their mind that bothers them. This is very necessary to clear all the misunderstanding that the situation has created. If your child is speaking something bad about your ex, do not use this as an opportunity and rather clear things out. When such things happen the situations obviously is not good, but never lose your authority. This thing must be there in your child’s mind that even in the worst situations, his parents are still his guardians.

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What to do when you come to know about it?

This is very bad at a child’s part that he has to choose one from his parents, but no one can go against the laws. There is a possibility that your ex is trying to manipulate your child by simply speaking badly about you. If you will try to speak about this to your ex, this could turn out into a bad argumentative discussion, which obviously no one would like to indulge it. It is advisory to talk to your lawyer about such things. When you will bring this matter to your Oakville divorce lawyer’s knowledge, then he or she can suggest you the further steps to be taken. Your family lawyer can further bring this in the knowledge of court and maybe because of that the terms of parenting can be changed by the court. In a nutshell, we can say that if you really want to save your child from the bad influence of your ex, you must file a complaint against it in the court. One can hire a Oakville divorce lawyer in such a situation.

These were few of the things that one must be aware of parental alienation.

 

Law

How Getting a Divorce May Hurt Your Credit

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Did you ever think that your divorce can destroy your credit rating? If not, think now.

Yes, it happens. Sometimes, during the course of the divorce, the court orders one partner to keep paying the creditors’ until the divorce is final. Suppose you are not in talking terms with your partners, then how would you know if your partner is paying up or not?

Well, in this situation, Oakville family lawyer are a boon! Most of the couples who are getting divorced have joint debts and this results in their credit ratings being linked. Even after the divorce, if your credit ratings are bad, it’s hard to move on with life. The divorce can also lead to other irresponsible financial behaviors in both parties. You should start becoming aware of how your divorce can affect your credit rating and the effects of a bad credit rating.

Will my Divorce hurt my credit?

Do you still believe that once your divorce is final, you and your partner won’t have to joint financial responsibilities? Well, it’s wrong. Just because your divorce is final, it doesn’t mean that both you and your partner will act responsibly. That is where Oakville family lawyer come into the picture.

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Court orders aren’t a sure-fire way of protecting your and your partner’s credit ratings. Once you have signed any legal agreement with your partner, you both have a responsibility to pay your creditor. Courts usually don’t change these agreements unless there has been an unlawful factor in the agreement. Even changing thee contracts require the agreement of all the parties, you, your partner and the creditor.

Your credit scores are drastically affected if your ex-spouse does not pay the creditors. The only way to get off the binding agreement is to refinance it or pay it off fully.

Your Divorce Decree is Ignored by the creditors

The disadvantages of having a bad credit score are limitless—you have to pay more to borrow money for mortgage or an auto-loan. The family lawyer Calgary know that the creditors are least bothered about your divorce and that it doesn’t affect the way creditors work.

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Steps to protect your credit score

  •   Be aware of any and all the joint accounts you and your partner have. The ones you have to pay back are the most important.
  •   Get your credit reports from some of the major bureaus which give your credit report.
  •   Oakville family lawyer suggest that you should close off any and all joint accounts you and your partner have together. If there is an account for which you have to make payments, divide the debt equally and close that account.
  •   Suppose you don’t have any credit, get a credit card right away and build some credit history.
  •   If you have a joint mortgage to pay off, decide whether you want to sell the house and pay-off the mortgage.
  •   Make sure that you and your partner do not have any financial obligations together.

Talk to Oakville family lawyer to find out if your divorce will be shown in your credit report. For more information click here!

Youth Justice System: How To Navigate It in Toronto

The criminal justice system is daunting to look at and facing it, either as a parent of a young person who is charged with an offense or even as the youth themselves, incites fear and uncertainty, to say the least. For many charged young youth, their first brush with the criminal justice system is in the form of a youth offender.

As the best criminal lawyer Toronto, there are a lot of questions which we have come across and at the start, it should be said that- It is normal to have a lot of questions and some of the most common are:

  • Is it possible to get this charge off me?
  • What will happen to me if I am found guilty?
  • Will I be treated as an adult in court? Will I get the same punishment as adults do?

And the most asked-

  • What can/should I do next?

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The Youth Criminal Justice System

At the very beginning, it is absolutely necessary to keep in mind that the criminal justice system treats its youth very different than it does adults. What this can potentially mean for you depends on the intricate details of your case in question.

The youth criminal system actually uses a very special set of rules regarding the procedure conducted and the subsequent sentencing for corresponding juvenile charges as explained by best criminal lawyer Toronto. There is an acknowledgment that minors do have different life circumstances than adults do and as such their motivations for committing crimes stem from different needs and motivations in comparison to adults, whether they are found guilty or not.

When you will seek to advice from us, we will make sure to establish an open two-way communication which will allow us to know all about your case and for you to know all about the options that you could be presented with-

The case points to be discussed are:

The role of the parents in the youth’s life

For many youth clients, the parents are crucial in every step of the process. The judges will want to know about the kind of support the youth receives at home as well as what kind of supervision the parent will provide during the process as well as afterward.

best criminal lawyer toronto

Completely understanding the situation and rights

Many young clients don’t fully grasp the consequences of their actions or even the fact that actions like bullying, vandalism, shoplifting and such are against the law. Our best criminal lawyer Toronto will make sure that you understand what you are going to face so that you can make informed decisions about your future.

Alternative Opportunities

It is possible to avoid incarceration through a number of means like counseling, community service, drug treatment or restitution. Your charges could also be withdrawn once you have completed alternates forms of consequences. The system focuses on education and rehabilitation rather than punishment and incarceration.

So if you want to seek legal advice on youth felony, charges and as such, we would suggest that you get in contact with our best criminal lawyer Toronto who can help you out.

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