Q: How can I make my separation “legal”?

A: In Ontario there is no process to make a separation “legal”, it simply takes place when both parties begin to live separately and conduct their lives separately.

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Q: What do I need to do to obtain a Divorce?

A: Once both parties are separated for one year either party can apply for a divorce, if there are children, the custody/access and child support issues will need to be addressed before the court will grant a divorce.

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Q: If my ex wants joint custody does that mean that my son (or daughter) will spend half their time with each of us?

A: Not necessarily, joint custody just reflects that the two of you will make the important decisions (education, religion & health) about your child together, it doesn’t reflect the parenting schedule. One can have joint custody and still have a child with a primary residence with either parent

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Q: My ex just received an inheritance from his grandfather how will that impact on our child support agreement?

A: Probably not very much, child support is generally based on the payors income, an inheritance is really a transfer of property rather than income. Generally we use line 150 in the payors tax return to set the income for child support purposes, if the inheritance is then invested, then the yearly interest would be included in income for child support.

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