Kain & Ball

Description

Custody of and Access To Children: The best interests of your children is the principle that governs which parent will be awarded custody, and what visitation arrangements are appropriate. While the ideal resolution of such issues involves both parents working together towards a comprehensive parenting plan, sometimes the ideal approach is just not possible. The parties require our professional assistance and the support of other trained professionals to negotiate a resolution. When resolution cannot be reached, it may be necessary to go to court to obtain an order for custody or access. Regardless of the circumstances, Kain & Ball is prepared to offer you the best legal advice and professional support to ensure fairness in child custody and access. Child Support: The basic amount of child support payable is set out in the tables of the Child Support Guidelines and is based on the income of the payor parent. The income of the recipient parent is not taken into account in setting basic child support payments. In addition to the basic amount, an additional amount may be payable for special or extraordinary expenses of the children. Although it may seem straightforward to determine child support by simple application of the Guidelines, various issues may arise which can have serious consequences for both the payor and recipient. Determination of a parent's income can be an issue, because income for child support purposes is not necessarily declared on a tax return. Bonuses, stock options, expense accounts, and benefits may, in some cases be included in the calculation of the payor's income. In the case of self-employed persons, the ability to personally benefit from expenses paid by the company also may be taken into account. Adjustments may be made in the basic support payable where there are shared parenting arrangements and the child resides with a parent for more than 40% of the time. Child support payments are tax free in the hands of the recipient and non deductible from income for the purposes of income tax by the payor. We understand the child support Guidelines and have extensive experience in dealing with all of the issues outlined above. At Kain & Ball, we can represent you proficiently in this important area. Spousal Support: Married spouses, and in some cases common law spouses have the obligation to support each other. In the case of common law spouses, the parties have to be in a relationship for more than three years, or there has to be a child born of a stable relationship of less than three years. Although over the last few years a method of calculation has been put forward in an effort to quantify spousal support similar to the way child support is quantified, the Spousal Support Advisory Guidelines are not the law. The amount of spousal support to be paid, and how long it is to be paid, for both married and unmarried spouses, is discretionary, and is based on general principles – such as the needs of the recipient, and the ability to pay of the payor spouse – and takes into account various circumstances of the relationship which may impact a spouse's ability to generate an income from his or her own resources.

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