Child support is the part of divorce and family law that many people hate the most. Since, in Canada, monthly child support is based entirely on the payer’s income, it might seem logical that a parent can reduce his or her child support obligation by reducing his or her income. However, even people who have legitimate losses of income can find it difficult to reduce their support obligations. The same principals apply to spousal support.

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, covers why intentionally reducing income will not lower support… and how those rules can even affect people who have lost their job or had other income losses through no fault of their own.

A video version of this podcast is available of YouTube.

If you found this episode helpful, check out these episodes on similar topics:

98.   7 Big Costly Child Support Mistakes

90. ⁠⁠5 Family Law Fails⁠⁠ 

89. ⁠⁠⁠Is Child Support Ever Too Much? ⁠ 

81. ⁠⁠⁠Can Separated Parents Agree to No Child Support?⁠⁠ 

76. ⁠⁠⁠Why Your Income for Taxes May Not Be Your Income for Child Support (or Spousal Support)⁠ 

66.. ⁠⁠⁠⁠⁠How to Change Child Support⁠

54. ⁠Child Support Does Not End at Age 18⁠⁠

53. ⁠How to Pay Less Child Support

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

Phone: 1-647-342-6775

Email: [email protected]

Web: www.schumanlaw.ca

The implications of child custody decisions are far-reaching and can significantly impact the lives of both children and parents. It is important not to make mistakes, especially when parenting matters are before a court, arbitrator or a professional parenting assessor. Since the stakes are so high for both parents and children, this episode of the Ontario Family Law Podcast looks at some big mistakes that parents often make, but can easily avoid. If you are in family court over your kids, or worry that you may be, this will be an extremely important episode for you. 

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains eight big mistakes that people make in child custody or parenting cases. Those mistakes are: 

1. Using the term “child custody” 

2. Putting the parents interests first 

3. Ignoring the Best Interests Legal Test 

4. Assuming being a parent gives you a right to the kids 

5. Being unsupportive of the children’s relationship with the other parent 

6. Saying a child should decide what relationship to have with each parent Contents: 

7. Inconsistent or unreliable behaviour 

8. Being careless on social media and messages.

If you found this episode helpful, check out these episodes on similar topics: 

101.  ⁠What Happens At Parental Alienation Treatment Programs According to Courtroom Testimony⁠

100. ⁠⁠Why Hearing from Kids in Divorce is Important and DANGEROUS!⁠⁠ 

78. ⁠⁠⁠The Rights of Grandparents and other family Members to See Kids⁠⁠⁠ 

75. ⁠⁠⁠When Can You Legally Stop Your Ex From Seeing the Kids?⁠⁠⁠ 

61. ⁠⁠⁠Can You Move With the Kids After Separation or Divorce?⁠⁠⁠ 

59. ⁠⁠⁠Why You Won’t Get Custody of Your Kids⁠⁠

38. ⁠Ontario Private Schools, Standards and Education Law⁠

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

Phone: 1-647-342-6775

Email: [email protected]

Web: www.schumanlaw.ca

From the comments and requests of followers, it seems that a lot of separated parents have difficulty getting information about their kids - whether it be from schools, or health care providers or in relation to activities or from other agencies that are involved in kids’ lives. This is a question that I am asked a lot. Those followers have come up with complex applications of several laws to access information. Getting information about your kids after separation should not be that hard. Difficulty getting that information may be an indication of parental alienation.

When parents are cut off from their kids after separation, or have serious relationship problems with them, they might ask Family Court Judges to fix to fix the problem by ordering an “alienation workshop.” Those programs promise to fix the problem in a few days. However, several jurisdictions have banned parental alienation workshops. The reasons relate to what happens at those programs, and sometimes that they can perpetuate family violence. The treatment protocols of these programs are trade secrets and so the program providers do not publish exactly what they do. 

But, In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, reveals what, through litigating parental alienation cases, he saw program providers testify. He has obtained the transcripts of what they said. In this episode he plays those transcripts so parents can find out exactly what happens at parental alienation treatment programs. 

Watch the video version of this episode on YouTube.

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠⁠⁠9.99 Kindle eBook⁠⁠⁠⁠ , or as an ⁠⁠⁠⁠Apple Book for your iPad or iPhone ⁠⁠⁠⁠. Also, you can get it as a ⁠⁠⁠⁠paperback or hard cover from Amazon⁠⁠⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

When parents separate, particularly when there is a lot of conflict, it is common for one parent to say that it is important to listen to what the kids want. That parent wants the other parent, or a judge or arbitrator, to listen to the opinion of the children when setting up parenting arrangements after separation. The UN Convention on the Rights of the Child requires that children be heard in matters that affect them. But, insisting that the other parent, a judge or any other authority listen to the children is one of the most dangerous things that a parent can do. In some circumstances, judges view a parent making that request as evidence that parent should not be caring for the children at all.

See the Everclear video here.

TO CONTACT JOHN SCHUMAN:

What happens if spouses separate – their relationship is over - but one spouse refuses to move out? There can be a lot of tension, maybe even violence because of the bad feelings and conflict in the home. Nobody wants to keep living with an ex. Moving out can cause legal problems for the spouse that leaves, so both spouses may want to stay in the house. That's a bad situation. So, in this episode of the Ontario Family Law Podcast, Certified Specialist, John Schuman explains when can one spouse can just toss the other one out. A ⁠video version of this episode is available on Youtube⁠.

63. What Can You Do With a Marriage Contract?

TO CONTACT JOHN SCHUMAN:

The Child Support Guidelines was supposed to make child support easy, predictable and fair. They are supposed to result in separated parents spending as much o their kids as they would if the family was together. Yet, child support remains very controversial. Often that is because people get chid support wrong. So, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains seven common child support mistakes that cost people big - and how to avoid them.

This episode covers how to calculate base child support and when that may be different from what people expect. Also, it explains contributions to section 7 expenses. On addition, it also goes over what is, and is not, a proper section 7 expense. Finally, it covers some important tax considerations for child support.

If you found this episode helpful, check out these episodes on similar topics:

90. ⁠5 Family Law Fails⁠ 

89. ⁠⁠Is Child Support Ever Too Much?  

81. ⁠⁠Can Separated Parents Agree to No Child Support?⁠ 

76. ⁠⁠Why Your Income for Taxes May Not Be Your Income for Child Support (or Spousal Support) 

66.. ⁠⁠How to Change Child Support

54. Child Support Does Not End at Age 18⁠

53. How to Pay Less Child Support

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:website: www.schumanlaw.caemail: [email protected] Phone: 416-446-5080

Considering moving in with someone? Or getting married? There is lots of advice out there that you really should get a cohabitation agreement or marriage contract. But, that sounds really unromantic. Is it really necessary?

If you found this episode helpful, check out these episodes on similar topics:

96. If You Let Your Partner Move In, Will They Get Your House?

30. Spousal Support Entitlement

Check out the video version of ⁠this episode on YouTube⁠.

One of the most cost common family lawyer questions is: “If I let my partner move in with me, will her or she get half of my home?” Or, put another way, "Does living common law mean giving up half your house?" Unfortunately, this is another one of those times when a lawyer is going to tell you “It depends.” The Ontario Family Law Statutes were written so that there was a quick simple straightforward answer. And then judges made it complicated. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains whether letting your partner live common law means giving your him or her half of your stuff.

Check out the video version of this episode on YouTube.

When separated spouses live in different countries or provinces, they may wonder where the best place would be to get divorced. Where the separated spouses now live in different places, it may be possible to chose where the divorce will occur. Different jurisdictions have different laws. Often it can be more advantageous for one spouse to get divorced in one jurisdiction over another.