What is Child Support and How to File for It

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.

Hiring A Surrogate? Why You Need To Hire A Surrogacy Lawyer

For some people, the ability to have a child requires getting outside assistance from a surrogate. To protect the rights of everyone involved, the parties need to enter into a legally binding contractual agreement called a surrogacy contract. If you are considering surrogacy to have a child, here are some of the top reasons you need to hire a surrogacy lawyer in Toronto:

#1: Provides access to the most recent surrogacy laws.

Laws evolve and change. A lawyer ensures you are aware of the current laws in the location where your surrogate lives, where you live, and where the child will be born. The only way to guarantee your surrogacy agreement is legally binding is to get help from a qualified family lawyer.

#2: Establish boundaries between the surrogate and intended parents.

Each relationship is different depending on the couple and the surrogate. Some people want to keep things business-like, while for others, things are a bit more personal, especially when the surrogate is a close friend. Your lawyer can ensure the contract is written in such a manner to establish the boundaries you desire with respect to everyone involved.

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Ask A Few Questions Before Hiring Family Law Expert

 Have you imagined the situation when you have to hire a family law expert to represent your side of the story? Yes, it will be the most difficult decision to make. You will have to be very selective about the services of the family lawyers in Toronto. They would confidently explain to you the legal proceedings and the prospective outcome after hearing the case details. You will have several doubts to be answered by your lawyer but the first thing is trust. The lawyer would fight for your rights. Know the charges for the professional’s services but do not make the decision only on that parameter. 

Be ready with a few necessary questions and once you get a satisfactory reply, you can trust the expert in family law matters.

Has the family lawyer ever been charged with an ethics violation?

Lawyers working on family law matters are held to high ethical standards about the way they practice law and the customer service they provide to clients. The State Bar Association legalizes its affiliates and, when necessary, regulates them with sanctions or punishments for acts of professional misconduct. Look out for the lawyer who is the member in good standing with the State Bar to practice law within the state.

What is the focus area of the lawyer's practice? 

One thing that is constant in the legal system is change. It may be in a clear way or it might be in several subtle ways. The courts, in different cases, interpret laws differently. The legislatures, who are responsible for framing a law, pass new laws, and keep on altering the existing ones. The difference also continues in the rules of civil procedure and court rules as said by the judge. When the family law firm concentrates on family law, the attorney is aware of the developing trends within the field. When the hired lawyer seems to be confused with the case management, the chance of success reduces. The lawyer having enough experience will focus exclusively on family law and try to achieve success at all costs. Such a legal practitioner easily guides the clients efficiently and knowledgeably.

Will the lawyer handle the entire case?

The big law firms arrange your initial meeting with one lawyer while the one representing will not meet you in person. His assistants carry out the initial proceedings and when the actual need comes the lawyer represents. This is not how family law matters should be conducted. You will allow only the selected one to listen to your family matter. Make sure you ask if the counselor you are meeting will represent your case. Get clear estimates about the charges, in case, the actual lawyer is different from the one counseling you initially. 

Develop a good rapport with the family law consultant and always talk about the case matter face-to-face. This is how you should choose the attorney. Also, take a look at the team of lawyers that works under the hired one. Are you looking out for the best team to handle your family law case? Talk to our lawyer and know the probable chance of winning. Call us today and schedule a meeting for an initial consultation.

What Rights Do I Have If My Spouse Emptied The Joint Bank Accounts?

Most couples have one or more joint bank accounts that they use during their marriage. Each spouse can withdraw funds, make deposits, and transfer funds from one account to another. The accounts are typically used to pay joint living expenses and other bills, like car payments, utility bills, mortgage payments, credit card payments, and so on.

oint accounts are never an issue when everything is fine in the marriage. Yet, when problems start occurring and the marriage breaks down leading to separation and divorce, things are another matter.

Divorce can be messy and stressful when the marriage has gotten to the point things are no longer amicable. One issue that arises is when your spouse empties joint bank accounts and moves the money into individual accounts in their name.

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Spousal Support

Divorce proceedings can be initiated in two ways with a lawsuit or a proposal for an amicable divorce. A proposal for a consensual divorce is submitted when there is the consent of the spouses on all significant issues that are of influence for the divorce. Toronto family law firms is the right place for such cases.

Significant issues for divorce are trust of children, alimony and division of property, a lawsuit is filed when there is no agreement on these issues. Spouses can initiate proceedings alone or through a lawyer. If the parties decide that their lawyers represent them, the power of attorney must be certified by a notary or consular office in case the certification is done abroad. If you need legal assistance in divorce proceedings, you can contact a law firm.

The basic courts are really competent in divorce proceedings. The application for divorce, regardless of whether it takes the form of a lawsuit or a proposal for an amicable divorce, is submitted to the locally competent court according to the residence of the defendant or according to the last joint residence of the spouse. 

Spousal Support

As for the amount of support in the case of an agreed divorce, it can be freely determined in compliance with some legal minimum. This means that it is possible that even someone who has a large income pays very little alimony, the court will respect the rights of the supporter by not allowing an agreement in which alimony is below the minimum amount of alimony. The minimum amount of support is the amount that is periodically determined by the ministry in charge of family protection, in accordance with the law. In practice, this means that the court will not allow agreements in which the maintenance is below the minimum amount.

Agreement on the division of joint property

Regardless of whether the proposal for an amicable divorce proposes joint or independent exercise of parental rights, it must also contain an agreement on the division of joint property if the spouses own it.

When dividing property, it is a practice to include in the proposal for consensual divorce more valuable property about which some written records are kept, such as real estate, motor vehicles, savings deposits in banks, shares in companies, etc., while items of lesser value that are not recorded, such as furniture, furniture, small cash and personal belongings of the spouses, are in fact divided without inclusion in the divorce agreement. It is necessary to enclose written evidence of the property to be divided in the agreement. If the property is divided by agreement, it avoids a lengthy litigation where the court would determine the share of the joint property and where the contribution of each parent in acquiring the property must be determined, which can take years. 

As for the duration of the court procedure, the legal deadline for scheduling a hearing is 15 days from the submitted proposal, however, in practice, due to the workload of the courts, it lasts a couple of months.

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Are The Services Of Family Lawyers In Toronto Beneficial?

Choosing a family lawyer can be a really tough decision. The right family lawyers In Toronto can make a really big difference in the outcome of your divorce and how you make it through the emotional process. You would want to have a trusting relationship. You would want a divorce lawyer in Toronto who is serious about your case and one who listens to your needs. You should look for a lawyer who is an expert in family law and one who would take your case to a conclusion. 

Here are some tips for availing the benefit from the services of the right law practitioner:

It does not matter if you are considering a divorce or if you are attempting to work out custody and support issues that involve adoption. Also, when you are facing another family law issue, choosing the right lawyer is very important to get better results. Your lawyer becomes your partner in the process and will help you to achieve the outcome of the case.

• Find an attorney you can work with: Your lawyer will be your partner throughout the case. You would need to share sensitive information with them during the process. These would include the things which you could never share with anyone otherwise. You will be speaking with your attorney frequently and you will need to be able to provide information and understand what the lawyer explains about the steps in the case. 

Consequently, choosing a lawyer whom you trust and can communicate is very important. While a law firm would have its website and other materials as a good start, you should not base your decision solely on the law firm. Instead, you can speak to different attorneys which you are considering to work with. Ask questions to them like how much experience do they have and how many cases have they worked on like yours? Do they explain things in a way that makes sense to you?

• Interview the prospective lawyers you have in mind: When you contact a family law firm to speak to a prospective attorney, you need to be clear as you can about what you are looking for exactly. Many of the lawyers will agree to speak to you for no charge so that both of you can determine whether you will be a good fit for each other.

While you are speaking to the lawyer you can keep a few things in mind. These can include their communication and promptness. You can judge this on how long they take to get back to you after you have contacted them. Also, see if they are prompt in their answers. You would not want someone who would be blank and not talk much. You should select someone who is dedicated.

• Hire the services keeping in mind the service charge of the lawyer: See if they are willing to work within your budget. It is always important to talk about money. This is because when you get results, you should get them without suffering or draining your bank account. Most of the lawyers nowadays are used to discuss the fees and costs upfront. Also, they appreciate meeting the prospective client who understands the need to budget wisely.

This way, you are allowing a highly-professional family lawyer to take up your case and guide you in the right direction. Visit us for more details and guidelines on family law cases. 

Know The Steps For Choosing Toronto Family Law Firms!

When you look for Divorce Lawyer Toronto, keeping their essential and important skills in mind would be beneficial. Hiring one of the Toronto family law firms is a very challenging job so you need to think and interview various lawyers to make sure of a selection of the rightful option to handle and defend your case. You would require one of the most trusted law firms during an emergency. The following are the necessary steps that you should work out to choose a lawyer for family law cases.