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Frequently Asked Questions

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We charge $1550 for an uncontested divorce plus any costs to serve your spouse if necessary. However, for any work other than an uncontested divorce (e.g., a separation agreement, a court order on consent, or a contested court matter) we charge at an hourly rate.   Unfortunately, we cannot advise on how much the total cost will be in these situations as it depends on a number of factors that we cannot predict such as what your spouse will want to contest, how difficult your spouse is in reaching a settlement, and how much conflict is involved between you and your spouse.  It’s impossible to predict with certainty at what point a matter will settle/be resolved and the longer a matter takes to settle, the higher the costs will be.  Our firm bills on a monthly basis so that you are continually aware of what your legal fees are.  We are always seeking ways to mitigate your legal fees by offering alternative dispute resolution options outside of court.

Usually, no. Courts are generally not agreeable to granting a divorce if reasonable child support and parenting arrangements have not been made.

Child support is not taxable to the parent receiving the support, and the parent paying support does not get a tax deduction for the support.

If you have a separation agreement setting out child and/or spousal support to be paid to you and your former spouse does not meet these obligations, you can file with the court and the Family Law Responsibility Office for enforcement.  You will have to submit the relevant documents with the court and Family Responsibility Office; our family lawyers are happy to help you with.

Periodic or ongoing support payments are taxable to the spouse receiving the spousal support, and tax deductible to the spouse paying the spousal support. However, if the spousal support is paid in a lump sum then it is not taxable/tax deductible.  For retroactive support, there are timelines applicable to determine if the support is taxable.  It’s best to speak with one of our divorce lawyers to determine if the payment is eligible for tax deduction.

It is the schedule that determines when a child(ren) are in the care of each parent. A parenting schedule can be set out in a separation agreement, parenting agreement/parenting plan, or court order. 

If parties are married, usually one spouse pays the other an equalization payment. Equalization is the division of property acquired between the date of marriage and the date of separation. 

Yes. The time limit to make a claim in court is the earliest of 6 years from the date of separation or 2 years from the date of divorce.  In some circumstances, the court can extend the timeline. Contact our property division lawyers to learn more.

Yes. Child support can always be changed if there is a material change in circumstances of the parents or children which would affect child support.  Examples include but are not limited to: a payor parent’s change in income, a child’s change in residence that would affect child support (e.g., moving primarily from one parent’s home to the other parent’s), or a child attending post-secondary education.