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Frequently Asked Questions Q. What child support should I pay / expect to receive? Since 1997, child support has been governed by federal Child Support Guidelines. The guidelines contain a chart which sets the amount of monthly support according to the income of the non-custodial parent. You can access the chart at the Government of Canada website. Provided that the children live primarily with one parent, the other parent will pay child support based on his/her annual gross income. "Gross" income is the amount of your salary before any deductions for income taxes, etc. If the children spends a least three days each week, throughout the year, with each parent, you have a shared custody situation and will require legal advice from a lawyer pertaining to your situation. The Child Support Guidelines do not have a formula for this type of situation and your lawyer will advise you what process the Court is using to determine same, as this area of the law is ever-changing. Q. How do I know if Spousal Support is a possibility? There are many factors a court must consider in order to determine spousal support. First, a spouse must be entitled to same. Entitlement will often arise if the marriage was long-term, the parties had children and they adopted traditional roles - one spouse was the breadwinner and the other stayed home to raise the children. Spouses with illnesses and/or disabilities may qualify for spousal support, even if they were not part of a traditional marriage. Short-term, modern marriages, where each spouse has their own career, will not usually result in Spousal Support awards, unless one spouse made career sacrifices during the marriage. Such sacrifices might include part-time work hours or relocation required by the other spouse's career. Quantum of Spousal Support is determined based on the incomes and expenses of both parties. It often falls in the range of 30 to 35% of the gross difference between the spouses incomes, but there are many factors that would require it to be higher or lower than this range. Q. If I was not married, but lived Common-Law, how does all of this apply to me? The Child Support Guidelines apply to all parents, whether they were married, lived common-law or never lived together. Division of property and debts is not the same for common-law spouses as married spouses. A Common-Law spouse must prove that they made a contribution to an asset before they are entitled to share in its value. Q. My wife and I are getting a divorce. Do I need to hire a lawyer? No. You do have the right to represent yourself in your divorce case. However, the legal process is complex and the laws and judicial interpretation of same are ever-changing. Your concept of what is "fair"may not reflect the law. As a result, you could argue points before a Judge that do not merit consideration while missing other technical issues that could assist your case. Before deciding what type of legal assistance you require, you would be well served by seeing a lawyer for an initial consultation to understand your basic rights. After that, you can decide how to proceed - self-represented; mediation; collaborative law; negotiation or litigation. Q. What documents should I bring to the lawyer during my first visit? We require the following for the following issues: All Issues: Child Support or Spousal Support DIVORCE Q. How much will my divorce cost? The cost of your divorce depends on the complexity of your case and on how well you and your former partner are able to agree on things. If your financial situation is complicated: for instance, if you are self-employed, your divorce will cost more than someone with a simple financial situation. Similarly, if you and your former partner are unable to agree on arrangements about the children, this will increase your costs. If an agreement cannot be reached there will be a trial, which will increase your costs dramatically. While the overall cost of the divorce cannot be predicted in advance, a good family lawyer will provide you with cost estimates for each step of your divorce. As well, you should request periodic invoices, if not already provided, so that you can understand the cost throughout the process. Q. If I am successful in court, will I have to pay my legal costs? On a motion or at trial, if you are successful, the judge may award costs to you. Similarly, if you are not successful, you may have to pay costs to the opposing party. However, often a judge will not award costs in family law cases. As well, the costs award is not intended to be a total repayment of your legal costs, but rather a token contribution. You can also make an "offer to settle." If you offer to your former partner to settle the case, and you do better on the motion or trial, your award of costs will be increased. Q. How long will my divorce take? Again, this depends on the complexity of your case and on how well you and your former partner are able to agree on things. If no issues are contested, the court will process your petition for divorce in about 4 months. If there are contested issues, it can take a year or more to resolve them or to obtain a trial date. Q. My spouse left me for another person. What do I get? There are no legislated guidelines regarding spousal abandonment. You are eligible for divorce after living separately for a year. Divorce law introduced in Canada in 1980 states that all property acquired during the marriage - no matter whose name it is registered in - is divisible 50/50. That includes pensions and savings but does not include items that can be directly traced back to an inheritance or gift. Q. My wife has filed for divorce and I will soon attend a court hearing regarding the case. She speaks mainly French but I'd prefer to speak English in court. What should I do? New Brunswickers have the right to go to court in either English or French. If each party elects to present in a different official language, an interpreter is provided in Court, free of charge. Q. My husband and I have decided to divorce. How can I help my children through this difficult time? Think carefully about how to tell your children about your divorce. Consider speaking to a Counselor regarding this issue. Most importantly, make sure that the children understand that it is not their fault and that they are entitled to continue to love both of their parents. Do not involve children in the adult issues of separation. Do not discuss the legal issues with them nor in their presence. Do not speak negatively about the other parent. When you do so, you are demeaning your child also, because he/she is a part of that other parent and continues to love and need them. There are only very few exceptions to these general rules, and if you believe that your family is an exception, seek professional counselling in addition to legal advice. Enroll in the program "For the Sake of the Children". It is a free six-hour program sponsored by the Government of New Brunswick. The program covers topics that include the effect of separation on children and ways to reduce the conflict between separating parents. To register, call toll-free 1-888-236-2444. Q. I've never had a will but am considering seeing a lawyer to have one drafted. What do you recommend? The Actus Law team highly recommends Wills and Powers of Attorney and suggests that you ensure that they are updated or revised when necessary. A former Will becomes void on the date that you marry and therefore you must sign a new Will. However if you separate or divorce, your old Will is still valid and you may wish to change it. Actus Law often assist their clients with Wills, Powers of Attorney and Estate Planning. As well, after the death of a loved one, they are versed in dealing with grieving families, accountants, probate and winding up of estates. Before seeing a lawyer to draft a will, consider the following issues: This document has been prepared and distributed by Actus Law and is not to be reproduced or distributed without its express permission. It is intended for general information only and not to replace the advice of a lawyer. |