How is child support determined?

Basically, child support is determined based on two factors: the needs of the child and the resources of each parent. Notwithstanding, there are several statutes: the Divorce act, the Paternity act, the Family support act and the Emancipation of Minors act, each of which could be considered in the final arrangement made for child support.

Related article: Are step – parents required to provide child support?

 

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How is child custody determined?

There are over a dozen factors that are considered in determining custody of a child. These factors together are what is called the “bests interest of the child,” and the general theme is that the Court wants to do what is best for the children, despite any differences between the parents. Almost any decision that directly affects the children will be run through those factors. 

When it comes to custody, the Court’s default position is to provide both parents with joint legal and physical custody. This means that the child spends time with both parents and both parents get to make decisions about the child. Doing something else generally requires having a very good reason for deviating from the default position.

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How Long does divorce take?

The Court has built a mandatory waiting period into the divorce process. From the time that you file, you have to wait at least 60 days before the Court can enter the Judgment of Divorce. If there are children involved, that time period is a minimum of 6 months. For most people, with uncontested divorce cases, this is exactly how long it will take. The process can end up taking a lot longer if people cannot get a long, resulting in a contested divorce.

 

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