Child Support is one of the hottest topics on this podcast.  It rouses a LOT of emotions. Separated parents frequently think that the amount of child support is wrong right from the start.  But, over time, changes in parent’s incomes and changes in parenting schedules can mean that the amount of child support DOES become wrong.  In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what you have to do, step-by-step, to change child support.  He goes over what court forms to use, what the steps in the court process will be and how to avoid court. (This previous episode explains parents may want to avoid court.)  If the child support amount is now wrong, this episode explains how to fix that.

If you enjoyed this episode, check out these others:

62 - Is Family Mediation Binding?

60 - Should You Take Your Ex to Family Court?

57 - Could I Have to Pay Child Support to My Spouse’s Ex?

54 - Child Support Does Not End at Age 18

53 - How to Pay Less Child Support

47 - How COVID-19 Affects Child Support and Spousal Support

44 -  Can you Be Better Off Financial If You Divorce?

40 - How to Keep Your Money in Separation and Divorce

34 - Disclosure in Family Law Cases

11 - Child SUpport’s Special and Extraordinary Expenses

10 - Child Support in Ontario/Canada - Who Pays and How Much?

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.

One of the ways the most frequent ways kids get into trouble in school is by not having their unique needs met.   It is well know that when a school fails to meet a student’s education needs that can lead to all kinds of problems – not just the student failing to learn the curriculum.   It can lead to the student being frustrated, sometimes to the point of dropping out, having behaviour problems, getting suspended or expelled, and in all cases, definitely not achieving what the student should in school.   Often the resources for children with special needs are greater in the public school system than in private schools, which have only the resources that parents pay for.   But, getting the school to accommodate a child’s special needs can be challenging for parents.  Still, Ontario Education and Human Rights Law is often on the side of the student with a disability.  This episode

In this Episode, Education Lawyer, John Schuman explains  how special education works in Ontario public schools and under Ontario Law, so that parents can get their children the help they need.  This episode is available in video format on YouTube.

If you found this episode helpful or informative,  check out these:

58 - Student Rights During COVID-19

39 - What Ontario Private Schools Must Do About Bullying

38 - Ontario Private Schools, Standards and Education Law

22- Children’s Rights in Ontario Schools

This is a special edition of the Podcast since lots of parents, and college students want to know if it is necessary to be vaccination against COVID19 to attend school.  Others have asked about whether vaccination is necessary to play league sports.   Education Lawyer, John Schuman explains what Ontario Law requires when it comes to the vaccine and attending school or participating in sports.  He also explains whether it is the child's or the parent's choice for the child to receive the vaccine.

If you found this episode helpful or informative, check out these other episodes

22 - Children’s Rights in Ontario Schools

38 - Ontario Private Schools, Standards and Education Law 

39 - What Ontario Public Schools Must Do About Bullying

49 - Can Parents Get Private School Tuition Back Due to COVID-19?

58 - Student’s Rights During COVID-19?

Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on all aspects of children’s law, education law, children’s rights, family law, divorce and separation issues.  Please feel free to share this podcast with your social network using the sharing buttons below.  The host of the Ontario Family Law Podcast, John Schuman, is an Education Lawyer with more than 20 years experience, practicing in Toronto.

As soon as COVID-19 restrictions started lifting, people started getting married again.  But having had to wait, or perhaps because they are getting married older, the betrothed have given some thought about what getting married means.  Perhaps they have been following the Ontario Family Law Podcast and paid attention to the issues that can arise on separation, or read the comments. Perhaps they have read the Guide to the Basics of Ontario Family Law to understand how Family Law works.  But, people who are getting married now are getting married smarter and using marriage contracts to avoid surprises if they separate. From property division, to child and spousal support to parenting issues, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman explains what you can and cannot do with a marriage contract or a cohabitation agreement (for people who are living common law).  He also explains what the law says cannot be changed using these types of contracts. This episode is essential listening for people who are getting married, or people who are planning to live common law, so they know what arrangements they can make to protect what is most important to them during in their relationship.

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

60 - Should You Take Your Ex to Family Court?

59 - Why You Won’t Get Custody of the Kids

33 - The Law of Marriage Contracts and Cohabitation Agreements

30 - Spousal Support Entitlement

29 - Common Law Separation and Property Division

10 - Child Support in Ontario/Canada

9 - How Property is Divided After a Marriage

8 - How Your Heart Can Get You Into Financial Trouble

4 - How to Have an Enforceable Marriage Contract

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback.

When separating, many spouses and parents want to find easier, less destructive and less expensive alternatives to Family Court.  For most people, those options are better.  In addition, the 2021 changes to the Divorce Act require separating spouses to consider alternatives to Court.  Many people consideration family mediation to resolve their differences after separation. But, having heard that mediation is a voluntary process, they also worry that their ex will just ignore the result at mediation.    In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, answers the question "Is Family Mediation Binding?”

John also explains how to get to a resolution of issues related to post-separation parenting, child support, spousal support and property division using the Alternative Dispute Resolution Options, so separated spouses can decide what path works best for them.  This episode is also available on YouTube.  

If you enjoyed this episode, check out these others:  

60 - Should You Take Your Ex to Family Court 

42 - How to Get a Legal Separation in Canada 

41 - How to Prepare for Family Mediation 

36 - Is Family Court Biased?

34 - Disclosure in Family Law 

24 - How to Have a Valid and Enforceable Separation Agreement in Ontario 

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon.  Order it here: http://www.schumanlaw.ca/get-your-copy-now-and-get.html

One of the most difficult decisions any judge faces is whether to allow one parent to move away from the other parent after separation or divorce.  It is hard, because the children can lose most, if not all, of their relationship with the parent who stays behind.  While judges can sometimes be suspicious that the move may be a tactic by a vindictive ex to cleanse the other parent out of their life and the life of the children, often there are really good reasons for the move and it can be hard to balance all the positive benefits that the moves offer to the children against losing a relationship with a parent.  When the Federal and Ontario government’s changed the Family Laws in March 2021, they made them more specific as to when moves should and should not be allowed.

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what a parent must know and must do if he or she thinks he or she may need to move with the kids. A video version of this episode is also available on YouTube. 

Here are the relocation forms:

If you found this episode helpful, check out these other episodes:

60 - Should You Take Your Ex to Family Court?

59 - Why You Won’t Get Custody of the Kids

36 - Is Family Court Biased?

32 - How to Change a Support Order or Agreement

27 - Domestic Violence

24 - How To Have A Valid and Enforceable Separation Agreement

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.

People have assumed for years that getting divorced, or even separating meant you had go battle things out in Family Court.  That is not the case.  Family Court is NOT the best option for many people.  It can lead to results they don’t want.  Going to Family Court means turning over important decisions about your family, and most importantly about your children,  to a stranger – the judge.  And for certain people, and in certain situations, that may have undesirable results.  Parents are often disappointed with the results for their kids. There are other ways to resolve matters.  negotiation, mediation, arbitration and collaborative practice all represent ways to stay out of Court. But sometimes, those options won't provide the necessary protection and going to Family Court to have a judge take control of the situation is absolutely necessary. 

In this edition of the Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how to know when you should go to Family Court and when you should look at those other options to resolve matters with your Ex.  He also explains what to watch out for, and some of the tactics that lawyers use to win in Family Court, to make sure going to Court works better for separated parties and the children. 

If you enjoyed this episode, you will want to check out these ones:

59 - Why You Won’t Get Custody of your Kids

46 - Do Parenting Plans and Family Court Orders Continue During COVID-19? and update

45 - Resolving Family Law Disputes While the Courts are Closed

41 - How to Prepare for Family Mediation 

36 - Is Family Court Biased?

35 - Keeping Child Custody/Access Issues Out of Court

34 - Disclosure in Family Law Cases

27 - Domestic Violence - The Critical Information 

14 - Ontario Family Court Step By Step - Part 1

15 - Ontario Family Court Step By Step - Part 2

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon.

In this edition of the Family Law Podcast, which is also available on YouTube, Certified Specialist in Family Law, John Schuman, explains how if you go to court to get custody of the children, you are certain NOT to get it.

For many years, custody of the children was the big prize in any divorce or separation.  Especially with the introduction of “no-fault divorce”, custody of the children was important because it showed who WON the divorce.  For separating parents, getting custody, and controlling the other parent’s “access” has been the ultimate goal, which superseded other considerations, like maintaining an amicable relationship with other parents, or being able to co-parent, or addressing the children’s needs. With the introduction of the Child Support Guidelines, custody became even more important because it also meant entitlement to child support and even sharing parenting meant getting less child support. The huge importance separated parents have placed on getting custody is indisputable.

Then, in 2019, the Federal Government, followed by the provincial governments, made big changes to the Divorce Act and other family laws to abolish the terms “custody” and “access” and change the focus of “parenting orders” on to the children and their needs.  Those changes went into effect on March 1, 2021.

Judges now make parenting orders, not custody orders, and those parenting orders have two components – parenting responsibilities and parenting time.

If you enjoyed this episode, you will want to check out these ones:

46 - Do Parenting Plans and Family Court Orders Continue During COVID-19?

46.2 - Update on Parenting During the Pandemic

37 - Sharing the Holidays After Separation

35 - Keeping Child Custody/Access Issues Out of Court

18 - Hearing the Voice of the Child in Custody/Access Proceedings

17 - Sole Custody. Joint Custody, Split Custody, Shared Custody - How do Judges Decide?

7 - What Does the term “custody of a child” mean? How does a judge decide who should get it?

5- What Say Do Children Get in Separation and Divorce?

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.

The pandemic has brought massive changes to Ontario’s education system.  This shake-up has left parents with a lot of questions about whether their children still have rights within the school system. In a public school system struggling to cope with all the extra COVID19 related demands it can be hard to get schools administrators and teachers to find time for parent’s concerns. While there have been big changes due to the pandemic, students do have rights even still.   Although, those rights are not always the ones that parents wish they their children had.  This episode of the Ontario Family Law Podcast explains what rights students have during the pandemic.

In this Episode of the Ontario Family Law Podcast, Education Lawyer,  which is also available as a video on YouTube, education lawyer, John Schuman answers the questions about what Ontario Law guarantees to students  during the pandemic and what protections they have if things go wrong.  In addition to covering what lights students have to attend in-person learning at their local school, this episode reveals what the minimum educational education standards are in the province and sets.  It also discusses what rights that students with special needs, and students who are victims of bullying, can continue to expect even during labour disruptions affecting their school.

If you found this episode helpful or informative, check out these other episodes:

22 - Children’s Rights in Ontario Schools

38 - Ontario Private Schools, Standards and Education Law 

39 - What Ontario Public Schools Must Do About Bullying

49 - Can Parents Get Private School Tuition Back Due to COVID-19?

Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on all aspects of children’s law, education law, children’s rights, family law, divorce and separation issues.  Please feel free to share this podcast with your social network using the sharing buttons below.  The host of the Ontario Family Law Podcast, John Schuman, is an Education Lawyer with more than 20 years experience, practicing in Toronto.

Blended families are becoming more and more common as parents find new partners after the end of an earlier relationship.  Some of those new partners can be reluctant to start a relationship with some who already has kids.  That can make things complicated, especially as it often means the ex may still be hanging about.  But, a BIG concern of many people considering starting a relationship with someone who is already a parent is whether becoming that parent’s spouse will mean becoming liable for that parent’s child support obligation.   New spouse’s should not be liable for their partner’s child support obligation.  But, the legal answer is more complicated.

When a person marries, or starts a relationship, with someone who has kids from a previous relationship, that person can be on the hook, directly or indirectly, to that partner’s ex.  In this episode of the Ontario Family Law Podcast, which is also available as a video on YouTube, Certified Specialist in Family Law, John Schuman, explains how that can happen, and how to avoid pay child support to a new partner’s ex.

If you enjoyed this episode, you will want to check out these ones:

12 - How Step Parents and Grand Parents Can Be on the Hook for Child Support

4 - How to Have An Enforceable Marriage Contract in Ontario

8 - How Your Heart Can Get You Into Trouble

9 - How Property is Divided After a Marriage in Ontario

10 - Child Support in Ontario/Canada

11 - Child Support’s Special and Extraordinary Expenses

20 - What Living Common Law Means (and What It Doesn’t)

29 - Common Law Separation and Property Division

53 - How to Pay Less Child Support

And listen to this radio program, and watch this TV News Story on grandparents being sued for child support.

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available  as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.