Adult child support invokes the response that most oxymorons entail- say what now? Although adults are not children, some adult children or adult dependants cannot survive on their own and require the assistance of their parents. Some cases that fall under this category are when a son or daughter is mentally disabled or otherwise impeded by afflictions, depending on parents while attending university, or any other case that disallows these ‘children’ to support themselves.

The Divorce Act slips in a nifty little catchall allowing ‘other causes’ to be reason for adult child support. The act defines a ‘Child of Marriage’ as, “[someone] the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessities of life.” As blurry as the guidelines are for who exactly deserves support, judges have done a good job of restraining the age limit.

Some of the other causes affirming support payments according to case law include pregnancy, unemployment, and post-secondary education. According to the British Columbia Justice presiding in Wesemann v. Wesemann, he refers to his “four-step approach” to determine support:

1. Decide whether the child is a “child of the marriage” as defined in the Divorce Act. If s/he is not, that ends the matter.
2. Determine whether the approach of applying the Guidelines as if the child were under the age of majority (“the usual Guidelines approach”) is challenged. If that approach is not challenged, determine the amount payable based on the usual Guidelines approach.
3. If the usual Guidelines approach is challenged, decide whether the challenger has proven that the usual Guidelines approach is inappropriate. If not, the usual Guidelines amount applies.
4. If the usual Guidelines approach is inappropriate, decide what amount is appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial.

At minimum, this and other such meticulous lists depict how considerate judges are on the subject.

In the abstract for Child Support for Adult Children: When Does Economic Childhood End? Nicholas Bala notes, “Reflecting the changes in intact families where young adults are living with their parents longer as well as looking to parents for more financial support, compared to a couple of decades ago, the courts in Ontario and other Canadian provinces are now more likely to recognize the obligation to provide support for adult children.” Apparently, now more than ever, offspring are living at home and depending upon their parents far beyond the 18-year benchmark.

Although there is opportunity for exploitation because of its murkiness, adult child case law has done a good job so far of reining in the longevity of support and monitoring who and who doesn’t require continued support. Support tends to hinge on certain requirements (if for unemployment, that they are actively searching for work, or in the case of pregnancy that the young lady return to work once the baby is eight months old) that makes it less like welfare and more like welfare-to-work.

It is always recommended to consult a lawyer relating to such matters.

For more information on Find Lawyer, Lawyers, Toronto Lawyers, Vancouver Lawyers, Canadian Lawyers, Adult Child Support and Family Law visit http://www.lawyerahead.ca/

Chris Bosh, Toronto’s favourite basketball icon and a 4 time all-star has gotten much media attention recently in Toronto over his child support lawsuit filed by his former live-in girlfriend and now mother of his daughter.  According to the lawsuit filed by Allison Mathis, Raptor’s star dumped her after his return from the Olympics game.  The lawsuit claims that not only did he no longer supported her financially, he also attempted to remove her from his 1.6 million dollar Texas home.

Allison Mathis at that time did not have a job and as a result was forced to move in with her mother.  After 3 weeks of since their daughter was born, she certainly didn’t waste tiem to file her lawsuit.  She is now on record demanding support for herself and her new born.
Chris Bosh makes 14.4 million usd as it stands.  One can expect the child support payment to be a not so regular child support an average income maker would pay. 

In Chris Bosh’s defense, his lawyer claims Bosh began legal proceedings to support his daughter finincially and gain child visitation rights well before Allison’s lawsuit.

We will just have to see how this plays out and most importantly we will have to wait and see if he is able to settle out of court or if lengthy legal proceedings are required.

Separations are difficult in and of themselves, but when children are involved, the whole process becomes much more complicated. One party may not be able to accommodate children on a regular basis post-separation. One party may not want the other party to have regular visits or a lot of interaction with the children for reasons of lifestyle or fear of abuse. These are some of the factors courts use to determine child custody.

One misconception is that the primary caregiver of the children is the de facto custodian. This is not the case. The past care of a child may play a factor when determining custody, but if, let’s say, the other party gets a court order to get custody, they will have legal rights to the child and the child will be taken away.

There are many factors that affect a courts decision, but the three that have the most weight are in these cases. The mother is a stay at home mom. Mothers that do not have a job almost always get custody of the children over a father who works. This is because the court likes the children to be in an environment where the parent is certain to be around often.

The second is an established status quo. If children are already living with one of the parents, the court will see this as the default living situation and frown upon changing things up.

Thirdly, courts favor the primary caregiver. If a parent of the child can prove that they are the primary caregiver, the judge may presume that he or she is best able to provide care for the child in the future and grant custody. Although primary caregivers tend to win custody battles, as stated before, there is no guarantee to this effect.

Other factors like which parent can better provide for a child’s financial and emotional needs, the parent/child relationship, which parent has more time available to the child and the child’s special needs all play a part in the process as well. In addition, if the child is older, the courts may go by the wishes of the child and assign custody accordingly.

The process may take a lot of time, but that is not necessarily a bad thing. The courts want what is best for the child and so do you. Determining that may take some time, but in the end, is well worth the trouble.

Finding a lawyer with lawyerahead.ca is as simple as step 1, 2, 3.  Have Family Lawyers and other Lawyers contact you with how best they can help you resolve your Family legal issues.

Unfortunately, some relationships do not work out for a variety of reasons. In some cases where counseling fails or a couple cannot continue their relationship, they may choose divorce.

Divorce can be a tricky process, but there are some general principles you should know. First, get a lawyer.

There is no law that says you have to have a lawyer to get divorced, but when it comes down to it, having one makes the whole process flow smoothly. They are able to answer whatever questions you may have relating to debt, alimony, and child support and they have a keen sense of what specific details you would need to include in a settlement agreement if you and your spouse go that route.

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A settlement agreement is an agreement you sign voluntarily. These are negotiated voluntarily as well. Settlement agreements offer a broad range of options for both parties to pursue and they are only limited slightly, i.e. someone must support the children and the children must not be subjected to danger or neglect. Your lawyer can guide you based on her experience in court to what you will “probably” get if you go to trial. This guidance is made more accurate by your lawyer’s history with the judge and his years of experience.

Not many guidelines govern divorce. The judge uses his own discretion and each case is unique. Every divorce deals with five basic issues. These are alimony, property division, custody of the children, visitation, and child support. Obviously, if you do not have any kids, divorce is a lot simpler and deals mainly with asset/debt distribution. When it comes to property, the province needs to know who will be holding the deed to maintain the property’s transferability.

The concept of alimony also refered to as Spousal Support has changed lately. The classic view of alimony is the man paying alimony payments to his estranged spouse. Alimony used to be considered the norm, but recently there has been a push towards having both parties support themselves. Technically, the court has the right to order a wife to pay her husband alimony, but this rarely happens. Nowadays, alimony, if awarded, is awarded for shorter periods and for smaller amounts. Alimony payment amounts tend to be the hardest to agree upon during divorce settlement negotiations.

As for assets and debts, they are disseminated between the parties during the divorce process. Assets, or marital property, are tangible property like cars, jewelry and real estate and intangible property such as pensions, patent rights, or retirement accounts. The laws vary on this subject depending on where you live. Your divorce lawyer will help you with this.

The single most important step in a divorce is getting a lawyer. Divorce is extremely difficult to go through emotionally and you might not be thinking clearly. Additionally, lawyers know all the ins and outs that you do not know. Finding an attorney you trust and that works with you will help ease the mind and make the divorce process as painless as possible.

Click here to find a top Family Lawyer in Brampton or a Divorce Lawyer in Brampton.

Click here to find a top Family Lawyer in Mississauga or a Divorce Lawyer in Mississauga for your family legal matters.

Times are tough for many. The economy is in rough shape and long-time employees are being laid off left and right. Families are having a difficult time making ends meet. An often overlooked issue is child support payments and it is important to understand your options when you cannot afford to pay the agreed upon amount any longer. Not nipping this problem in the bud as soon as possible has dire consequences and should be avoided at all costs.

The first step when deciding to modify a child support payment is a visit with the ex. Explaining your current situation to them and negotiating a new payment amount can save a lot of time and headaches in court. Maybe work a deal, where you see the children more or compensate them in other ways. The main issue is financial and if taking the kids out to the park a bit more will curb it, it is definitely worth a shot.

There are times where no agreement can be reached and you have to go to court. This does not mean all is lost. Through a family lawyer and explaining to the court your financial situation may convince the judge that you cannot make the payments. If the judge considers your concerns represented valid, he will likely modify your payments, making them affordable. The judge may also encourage you to find employment or a higher paying job so you can make the original payments. This process may require a few trips to the courthouse along with your lawyer to square away. Acceptable cases for temporary modifications are a child’s medical emergency, temporary inability to pay, and temporary financial or medical hardship of the parent. Permanent changes are awarded when: either parent remarries and receives more monies, the law changes, job changes, the cost of living goes up, or when the child’s needs change.

It is vital that you take care of this right away. The penalties for failing to make your support payments can range from a suspension of your driver’s license to a short stint in the jail. If there are any issues with custody, it may be used against you. Under the Child Support Enforcement Act, district attorneys are required to help collect child support, which could mean garnished wages and intercepting tax refunds. Besides that, whatever you fail to pay now will accumulate as arrears against you making it even more difficult. As they say, “A stitch in time saves nine.”

Marriage as such is a very important institution in the human society. Two individuals decide to spend their entire lives together in each other’s company and they formalize the union. But somehow due to some circumstances many marriages do not proceed the way they were intended to. Divorce has become a common phenomenon these days. The reason for a divorce could be any.

In Canada the divorce law is a federal legislation and is on the grounds of separation that is living apart and separate for a year, adultery, and cruelty. Majority of the time it’s the case of living separately for a year that is held as the ground of divorce in Canada. There could be other reasons too. Sometimes going to the court could be perceived as complex and difficult that the option of staying apart for a year is the most cost effective alternative for some. People generally wait for their one year separation and are aware of the fact that in Canada if there is a separation agreement the divorce would go uncontested. The divorce lawyer then files the necessary paperwork with the courts which is returned after a lapse of a few months. Sometimes while filling the application for a divorce the divorce lawyer in Canada would include cases of abuse and adultery. Specifically if a parent is involved and it has to be shown that the relationship had an effect on the children. Many a times the divorce lawyer also considers the monetary aspect if large amounts of money were spent on the other person or while traveling to meet that other person outside the country or state.

If you are convinced that your marriage can no longer function and want to file for a divorce then you can easily seek the help of a divorce lawyer. Whether it be a Divorce lawyer in Toronto or a Divorce lawyer in Vancouver, an experienced divorce lawyer with lawyearhead.ca can assist you with all the legal procedures. Post your case here and have lawyers contact you with your thoughts on how best to proceed.

Brittney Spears and Donald Trump can apparently commiserate over this particular woe: contesting high legal fees. Both celebs are accusing their lawyers of overcharging, and have been accused themselves of failing to pay their legal bills. Trump, however, is the only one claiming to have “a Ph.D. in legal fees.”

According to CNN, Britney Spears has managed to rack up more than $466,000 in fees from lawyers Stacy D. Phillips (currently seeking $407,000 from Spears) and Laura Wasser (seeking $60,000). Most of these costs were from Britney’s divorce from husband Kevin Federline. Spears and her father, however, are contesting the $60,000 from Wasser, however, which came from Spears’s fight with Federline over the custody of their two children. Wasser claims the work done for Spears in Spears’s custody battle with Federline was more complicated than usual, since Spears has been under the temporary conservatorship of her father. Spears is also paying K-Fed’s legal bills, currently totaling $250,000, since he has no net income of his own. In total, Spears owes over $716,000 in legal fees.

Donald Trump’s legal-fee woes are a bit worse- and he is suing the firm Morrison Cohen for malpractice. Trump sued a contractor working on his Briarcliff Manor, NY golf course, for overcharging for an earth moving contract, and for walking off a contract to provide infrastructure elements for the golf course. Trump was awarded $2 million in damages for the breach of contract for the first contract, but only $40,000 for the infrastructure contract.. Trump was also awarded $1.3 million in legal fees in the case. However, Trump is now suing the firm, Morrison Cohen, for malpractice, stating that they should have informed him of the low possibility for recouping the legal fees incurred in pursuing the case. He also claims that the fees involved in the two cases were abnormally high. “I have dealt with a lot of lawyers and paid a lot of legal fees,” Trump told New York Law Journal. “I have a Ph.D. in legal fees. I know when fees are fair and when they are not.” Trump also said the firm treated him like a “cash cow,” and, because The Donald is never hubristic, further claims that he, personally, is the reason they won the case. “We won the case because I’m a great witness,” Trump also told NYLJ.

Morrison Cohen is countering with a claim of $470,000 in legal fees that Trump has failed to pay, and has stated that it was necessary to pursue the infrastructure case, since the opposing side had raised the issue.

While Trump may have a long history of awkward comments- including blaming Britney’s hospitalizations in January on her parents and trying to get Britney, along with Lindsay Lohan and Paris Hilton, into a celebrity version of The Apprentice, while simultaneously saying “she’s a f***ing mess.” Though perhaps these two can overcome their differences, and whine together over their shared inability to pay their legal bills on time.

*Top Child Support case under recent cases on Lawyerahead.ca

*Top Child Support case on Lawyerahead.ca

*Case that got the most attention for divorce and child custody in Toronto