Alimony. Who requires it and what is its height? Alimony is a financial obligation relating to the maintenance of a child by a parent with whom the child does not live. Although alimony can also be claimed in a special lawsuit, the court usually decides on the child's alimony in a judgment divorcing or establishing paternity. Get more help from family law firms in toronto.
Child support is always determined in cash. The court, when deciding on the amount of alimony, is always guided by the interests of the child, and it must always be a priority. In doing so, the age of the child, the needs of housing, clothing, nutrition, education, health and other circumstances on which the amount required for maintenance depends are taken into account. If the child has increased needs or is a parent who is in a better financial position, alimony may be determined in a higher amount than the statutory minimum. In the case of a parent with lower financial means, the court may determine a lower amount of alimony than the minimum, but regardless of financial status and possible unemployment, if the parent is able to work, he cannot be released from the duty of alimony. Failure to pay alimony also leads to criminal liability.
Criminal Code stipulates that a person who avoids the payment of alimony (maintenance) for a person who is obliged to support on the basis of an executive court decision or executive settlement concluded before another competent authority, shall be punished by imprisonment for up to 3 years.
What is marital property? The notion of marital property and its division comes to the fore due to divorce, where there is always the question of the division of property in the divorce itself (either by agreement or by lawsuit). However, the procedure in which it is decided what constitutes the marital property and how it will be divided should be distinguished from the procedure of divorce, since this procedure comes "on schedule" only after the end, i.e. divorce.
What all goes into marital property? By matrimonial property we mean all the property that the spouses acquired through work during the duration of the marital union, as well as the income from that property.
The matrimonial property also includes gifts from third parties made during the marital union (in money, things, assistance with work, etc.), regardless of which spouse received them, unless otherwise arises from the purpose of the gift or the circumstances at the time of giving the gift he may conclude that the giver wanted to make the gift to only one of the spouses.
Winning from gambling is also marital property. Thus, regardless of which of the spouses has achieved "more" during the marriage, with the institute of marital property, the property will be divided equally between the former spouses after the divorce.
Special property (property acquired before marriage)
In property constituting the matrimonial property, the spouses are co-owners in equal parts unless otherwise agreed. But we should emphasize that the property (special property) that one of the spouses already had at the time of marriage, will not be part of the marital property nor will it be subject to division!Find us on Google and BBB.
