Kira E. Taylor Law is dedicated to providing exceptional support and assistance for family law matters. Rest assured that we will do everything we can to ensure you and your family are protected and provided for.
Family issues can be very stressful for everyone involved. They can affect a variety of aspects in your life including your children, assets, and parental rights. During these difficult times, a knowledgeable ally who can guide you through the legal landscape is essential.
Our office can help you with a variety of matters including:
A divorce is considered uncontested if it is sought out mutually by both parties, and related issues (if any) have been agreed on. These issues may include:
An uncontested divorce is a simplified divorce procedure that typically does not require the parties to appear in court.
The court has the authority to order an individual to provide support to their dependents and decide what that amount will be. Only individuals who are married can apply for this support under the Divorce Act (DA). Married and common law parties can apply for this support under the Family Law Act (FLA).
Under the FLA, a spouse can include:
- Two people who are married to one another
- Two people who are not married to one another but have lived together for no less than three years
- Two people who are not married to one another but have cohabited in a relationship and are the natural or adoptive parents of a child
If it is decided that you are eligible for spousal support, there are several factors that are considered when determining how much support you will receive and for how long, including:
Under the DA
Under the FLA
Commonly, spousal support is determined using the Spousal Support Advisory Guidelines. With this method, the parties’ salaries and information, including duration of marriage, age, custody arrangements and age of children, is inputted and an amount is calculated. The courts will then analyze this calculation and decide from there whether it is fair and if adjustments are needed.
Once the decision to divorce or separate has been made and custody and access arrangements have been determined, child support must be established. Often, the parent who will have the child or children living at their home the most often and therefore be responsible for the day-to-day expenses will receive the support. The parent who has them for a lesser time will often be required to pay a sum to support their children.
This obligation to provide financial support continues for an indeterminate period of time. When you stop paying child support is dependent on several factors. However, child support is required to be paid if the child is under 18, or over 18 but in a full-time education program or unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents. Whether a child is enrolled in a full-time program or is unable to withdraw from their parents’ charge, is for the courts to determine.
At any point while child support is being paid, it can be terminated if both parties agree to do so. However, if the courts determine that it is in the best interest of the child to continue receiving support, they can order the paying parent to continue despite the termination agreement. The amount of child support to be paid can also be altered if the circumstances of the parent who is paying support change, whether through illness or changed life circumstances. Also, if a child ends their relationship with their parent, the courts may determine that it is no longer necessary for them to provide support.