82-Mistakes People Make When Doing Their Own Separation Agreement

After separating, many spouses and parents try to work out the issues between them on their own, and to make sure that what they decide “stays decided” they put it into a written separation agreement. The recent changes to the Family Law Legislation encourage people to work out their issues without going to Family Court. But, if the parents or former spouses do not do their agreement totally properly, section 56 of Ontario’s Family Law Act, and several court decisions says that a judge can throw out the agreement and leave the parties without anything settled. The rules for separation agreements are specific to each province, and so taking an agreement off of the internet is unlikely to result in a binding settlement. Agreements actually have to be specific to the situation of the parties, and address that situation in light of the technicalities in Ontario Family Law. People who do not get at least some help with their separation agreement from a Family Lawyer often find that they do not have an enforceable agreement at all or, worse, they are bound to an agreement that is bad for them in light of Ontario Law. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, talks with Family Lawyer, Katelyn Bell, about the common mistakes that people make when they write their own separation agreement and what the effect of those mistakes can be. Anyone who is contemplating doing their own separation agreement should pay close attention to the content of this episode.

Podcast #81 – Can Separated Parents Agree to No Child Support?

After separation, many parents feel it is just simpler to agree there should be no child support than follow the law. Child support is often a point of controversy after parents separate.  Even though the Federal Government designed the Child Support Guidelines in 1997 to bring objectivity and predictability to setting the amount of child support, and has updated the support tables several times to reflect the costs of raising a child, many people disagree with the amounts set, or even the concept of child support. Some parents pursue shared parenting only as a strategy to avoid child support.  It is common for parents to try to resolve matters after separation without a requirement for child support. In this episode of the Ontario Family Law Podcast, the host, Certified Specialist in Family Law, John Schuman explains in what circumstances parents can agree to waive support, when they cannot and the possible consequences for doing it wrong – even when the parents have an agreement.

Podcast #80 – When Can I Throw Out My Ex’s Stuff?

If you are stuck with a house full of your ex’s stuff, or even with your ex’s stuff taking up valuable space in your home, you are not alone! Family Lawyers very frequently hear the question: “When can I throw out my ex’s stuff?”  Many “exes” seem to like to use their former partner’s home as free storage for months, or even years, as they think Ontario’s Family Laws require their former partners to look after the  stuff they left behind at the end of the relationship.  Well, that is not often the case.  But the partner left with the stuff has to be careful to avoid getting in legal trouble.  So, in this episode of the Ontario Family Law Podcast, the host, Certified Specialist in Family Law, John Schuman asks Family Lawyer, Katelyn Bell, about what Ontario Law says about when someone can throw out, or sell, their ex’s stuff.

Podcast 79 – What Am I Legally Required To Do First After Separating?

Separating from a spouse or partner is, without a question, a very difficult and busy time.  It can seem like there are lots of things to do.  But what are separated spouses legally required to do first when they separate?  Since the answer is different from what may people think, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman goes over the legal duties people have immediately after separation. This episode goes over what separated spouses and parents must do to fulfill their legal obligations right after separating. This is all critical information that anyone considering separating from a spouse must know.

Podcast #77 – What Happens if You Breach a Family Court Order

People engaged in Family Court litigation often express enormous frustration when their former spouses breach Family Court Orders.  Those breaches can mean the kids don’t have a relationship with a parent, can cause financial hardship, or, can drag family court proceedings to a standstill meaning nothing gets finished or finalized.  Judges repeatedly say that a court order is NOT a suggestion.  But are there really any consequences for breaching a Family Court Order?

Podcast #76 – Why Your Income for Taxes May Not Be Your Income for Child Support (or Spousal Support)

Parents who pay child support, and some parents who receive child support, are can be very surprised, when a judge, arbitrator, or lawyer acting as a family law mediator, say that a parent’s income for child support is NOT the same as the total income on their tax return on which they pay taxes.  This is particularly true when the parent is self-employed, or earns their income by means other than a salary such as through dividends or capital gains.  The different way for calculating income for child support can have a significant impact on the amount of child support that is paid.  It also affects spousal support, although that can be in even more complicated.

Podcast #73 – When Can You Legally Stop Your Ex From Seeing the Kids?

When parents do not separate on good terms, they often have concerns about the other parent’s priorities – particularly when very young children or infants are involved. When a separation is going to be high conflict, Family Lawyers  frequently hear from a parent who needs to start court right away, without trying any of the better ways to work things out, because the kids have been completely cut off from him or her.  The reasons why this happen vary, from domestic violence, to concerns about child abuse, to disagreements over parenting strategies, to questions about the other parent’s competences, to issues over child support and the children’s wishes.  But, there are only certain reason that judges believe justify cutting off a parent from the children.  Any other excuse is going to get a parent in serious Family Court trouble and that parent may even be cut off from the kids by Court Order!

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #72 – Travelling With Kids After Separation

One of, if not the most, frequent calls that family lawyers get from a panicked parent comes when a vacation is days away and the other parent won’t sign the required consents or travel documents.  That can mean that some pretty exciting trips to Disney World, or the Caribbean, or elsewhere are in jeopardy for the kids and travel insurance probably won’t cover the trip.   Sometimes the other parent has legitimate concerns.  But, more often that parent is bitter or jealous of the trip, or worried that it will give the travelling parent and “advantage” with the children.

That often means that at least one of the parents is not making decisions based on what is best for the children, and, as a result, the children are losing out.  That, “the children’s needs are secondary” approach in conflicts between parents is how children get harmed after separation or in divorce.

Family lawyer John Schuman explains the law around kids travelling after separation, how to avoid problems around travel, what consents, permissions or court orders are required, what to do when planning a trip for children after separation and, what steps a parent has to take when the other parent is being unreasonable about a proposed trip.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #71 – How to Give to Your Kids, But Not Their Spouse/Partners

With the prices of everything going up, especially the costs of first-time homes, but also care, furniture and even diapers, many parents of adult children may find it necessary to help out their kids as they “get started” and are having trouble making ends meet, making financial plans for the future, or getting that first home to get into the real estate market.  While many older parents want to help out their kids financially, for a variety of reasons, they may not want to help out the spouses of their kids.

In this Podcast, Family Lawyer, John Schuman explores some ways that parents can help out their adult children without also giving it to their children’s spouses or partners.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.