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Only Child Support In Ontario Vs. Joint Custody In Ontario

Posted in Child Support on 10th January 2018

Click and here you are. Youre thinking about Separation. Or, youre in the middle of a Divorce. Either way, youre all here to end your relationship. And, in order to do so, its a good idea that you inform yourselves of your rights and obligations. After all, you cant go into battle without knowing the rules of engagement.

Family breakup is devastating to children. If anything will screw them up, having their world fall apart will likely do it. You may have tried marital counselling, meditation, and maybe even medication but nothing seems to stop the arguing or the paralyzing ambivalence. You know what that means, right? Youre in neutral and cant get into gear.

If you have children and havent tried everything to save the relationship, you should. Put your pencil down. Stop what youre doing. Make an appointment right now to see a family therapist. If therapy or medication doesnt work, you can always consider separation or divorce as a final option.

Now, for those of you still here, we know what you have been going through. Youve tried everything to save the family unit, all to no avail. You have children who are now screwed up (or will be).

They will survive. You will survive. Some may learn from the experience. Some may not. Whatever happens, the decision of who is to have custody of the children and what the access arrangements will be are two of the most important and difficult issues to resolve following a relationship breakdown.
Both parents presumably love their children a great deal and want to spend as much time with their children as possible. Some of you may not. For you, this could be the opportunity of a lifetime to offload your god-given responsibilities to your children on your spouse. The goal is always to achieve a custody and access arrangement which is in the best interests of the children and which is mutually agreeable and satisfactory for both parents.

Lets examine sole custody in Ontario vs. joint custody in Ontario.

Sole custody means that one parent has the authority to make all of the decisions with respect to the children, including important decisions affecting their welfare. When a parent has sole custody, the children also typically reside primarily with that parent.

Many people have heard of the term joint custody but dont realize that it doesnt mean an equal sharing of time with the children. What it actually means is that both parents will have equal decision-making authority with respect to major decisions affecting the children.

Joint custody arrangements require a considerable amount of flexibility and cooperation on the part of parents. Guess what? You and your ex are going to have to communicate. Thats right . . . I said the C word. If you dont communicate or theres been a history of conflict or abuse, forget about joint custody. Children benefit from having two parents that act together to further their best interests. When joint custody works, your children are the beneficiaries. They may even learn how to talk and listen to others as a result of modeling your behaviour. Think about this option carefully. Before either of you dismiss it as an impossibility try consulting a social worker or child psychologist to see if the two of you can make it work. Either way, your custody arrangement should be appropriate in light of your and your spouses relationship with each other and with your children.

For more valuable information about parental conservation rested www.myontariodivorce.com.

If the mother gets full custody of the children, does the father still needs to send child support?

Posted in Child Support on 19th June 2014

If the mother gets full custody of the children, does the father still needs to send child support?
The mother is telling that she got full custody. The father never received any subpoena/info.
Thank you so much guys.

Best answer(s):

Answer by Doc
Chances are, if she got full custody, the judge will “award” her a percentage of his income as “child support.”
Note to Crabby B,
I came home from the war and a year later, without ever letting on, SHE filed for divorce. She asked for a restraining order — as a “combat vet.” she felt her life would be in danger. It was granted. She asked for full custody of both our son and the family cat. I tried to contest but the “judge” informed me that because I’m both a man AND (now retired) in the military, that I’d make a lousy father. She was awarded just over 50% of my pay. Three months later, the cat had been put to sleep — he reminded her of me AND she abandoned our son. It took me three years of fighting to get him back. And the “judge” was generous enough to “Give” me $ 100 a month in child support. I got about 1 year’s worth.
I never spoke ill of her and when he turned 18 went to see her. Within 2 weeks, she was kicking him to the curb, saying that he’s exactly like me. He now hates women and has little to no respect for them. I pray that he meets the right one and that attitude someday changes. I think I’ve more than met MY responsibility. And while I admit that I DID indeed make mistakes, I still feel I was a pretty good father. So please, don’t lecture us about men and responsibility. There’s plenty of blame to go ’round.

Answer by John M
Sounds like Dad needed a better lawyer.

Answer by open thoughts
The father can contest if he was not served, etc, and she cannot prove that she tried according to the guidelines set by law regarding an absent parent.

Now, in answer to full custody/child support. Yes the father is still required to pay child support. Unless the parental rights of the father are fully taken away by the courts…Full custody of the mother does not count. No parental rights means that it is legally as if he is not the father. The only other way he is not required is if someone else adopts the child/children.

Answer by Crabby_blindguy
Yes. Custody and child support are two different issues, and the father must pay the child support the court orders.

Some men try to link the two–or intimidate themother into agreeingto joint custiody in exchange for child support. These scumbags should look at themselves–that kind of attitude is WHY they couldn’t cut it as fathers or husbands.

The bottom line: caring for the child is a responsibiity that doesn’t end jsut because the man wnats to take the money and go parrty. If he didn’t wnt to accept the responsibility, he shoud have joined a monastary, not gotten married.

Answer by Allie F
Yes!!!! If the child is in the mothers care full custody he will still need to provide money to support the child because it is his child so yes he will need to.

Answer by gigglesdarbar
what dad needs to do is seek worthy legal advice and get a lawyer because it sounds like mom is just saying that to mess with his mind. But better to be safe than sorry and hire someone to start legal procedures and do the research and yes unfortunately dad does have to pay child support wether mom has full custody or not. He has not signed over his parental rights which means he is still responsible for this child both morally and legally.

Answer by left_coast_punk
At the risk of stating the obvious, yes he does, she is the custodial parent. If he never recieved a soubpena then that is a separate legal issue he will need to pursue.

Until then the order for support is considered valid.

Answer by raichasays
In the US, yes.

Answer by alaskasourdoughman
No subpoena necessary, if he received notice via regular mail at his last known address. If he ignored the notice that is his problem, then the court rules without him.
Custody and child support are two different orders from the court. The mother MUST ask for child support, file a motion or petition for the court to act (order payment).
The father should document any child support payments and verify with the State Child Support agency. If he has no proof of child support payments, he is still liable and fines, liens against his property, garnished wages, by the State will result.

Answer by BEE Alive
A court order will be on record at the court house so the father needs to go get a copy of it. It will cost 50cents a page possibly.

If he is under court order to pay then yes he will have to pay.

***I can not say this enough.***
ALWAYS DOCUMENT EVERYTHING and make every payment on time.

DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!

Pay consistantly, on time each month. DO NOT GIVE CASH.
Always pay by money order or check and keep copies of the receipts, money order stub, and cleared checks of EVERYTHING YOU HAVE PAID.

***If you pay directly to ex then get a file and keep organized records of every child support payment.***

***Keep receipts of everything you buy your children because EVERYTHING you buy can be applied to your child support arrears***if there is any. Never say it was a gift ~especially if there are arrears.

If there are arrears then the x can file to get income tax refund so don’t file jointly with your new spouse unless the tax company you use documents it so the irs does not take your new spouses part of the refund.

In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if you ever get behind on a payment they will become the child support payee’s enemy and no matter what your x is doing it will not matter because THEY WANT THE MONEY.

KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.

The states look at child support and visitation as seperate so keep good records on both. You will thank me for this in years to come.

In the state of Kentucky, can moving out of state cause a parent to be deemed “unfit” and cost them custody?

Posted in Working Mothers on 26th April 2014

In the state of Kentucky, can moving out of state cause a parent to be deemed “unfit” and cost them custody?
Of course, I’m asking for informal advice here but any information or links to the specific laws would be helpful. Also, don’t tell me to go ask a lawyer because the circumstances make that approach impractical.

Someone I know is 15. Let’s call her Jane (obviously not the real name). Jane lives in Kentucky with her mom, who is divorced from an abusive father who raped her at a young age and got away scot-free because he’s friends with the local law enforcement. Jane never wants to see her father again and is unhappy with where she lives. She and her mom are considering moving out-of-state to any northern state on the eastern seaboard, depending on her mother’s capability to find employment in any given area.

Jane’s only concern is the perceived threat of her father’s capability to take the case to court in an attempt to have her mother found “unfit” based on the move. He has made several attempts to do so before on different accusations, unsuccessfully.

If Jane is close to age 16 (when her opinion carries more weight to the legal system) and fully endorses moving, as does her mother, can her father really find any grounds to prevent it and even gain custody of her? Why or why not?
@going_for_baroque: I much appreciate that very helpful response! I don’t have answers to some of the info you said I didn’t include because I’m asking for a friend who shared this issue with me.

Best answer(s):

Answer by candycane
Your best thing to do is to speak with an attorney. Sometimes they can advise you at no cost.

Answer by going_for_baroque
You type long, complex sentences, but you don’t provide enough relevant info. Is there an existing court order for child support and custody? If there is any court order, the gal’s mom will need to file a motion so she can take the child out of the jurisdiction. Normally, this isn’t too much of a problem, but is a legal base everyone has to touch.

I’d guess that merely moving out of state doesn’t render the mother “unfit.” And even if a lawyer is impractical, an attorney is essential in getting some success in family court.

The gal is at an age where a family court will listen to her. Hard to give much credence to allegations of rape- if the father got charged and was acquitted, that’s all that anyone can go by. Rape doesn’t seem to be an issue, just a lever to extract sympathy. The real issue is moving out of the jurisdiction under the current court order. Without knowing more, that doesn’t seem impossible, but will require an attorney’s help in filing a motion.

OTOH, if there is no court order, then the mother can take her daughter anywhere without worry. It’ll be up to the father to dispute the movement.

Previous attempts to find the mother “unfit” will work in her favor. A good attorney could have made the father pay court costs, but that’s not really what the issue is here.

If there’s an existing custody order (every other weekend; supervised visitation) then the family court may want to be sure that allowing the child to move away will be beneficial for the child. You can come up with reasons why this should seem apparent to everyone, but the bottom line is that your rhetoric has to fall on family court ears, which have heard most stories already. … good luck!!