How are spousal support, child custody and child support dealt with when the court grants a divorce?
If no prior agreement has been reached between the spouses the court will decide these issues. Spousal support is determined based on several factors including the need of the recipient spouse, the payor spouses ability to pay, the standard of living of the spouses at the time of separation and the efforts made by the spouses to support themselves. Child custody is awarded based on the best interests of the child and not those of the parents. The amount of child support is calculated according to the Federal Child Support Guidelines as applied to the income level of the payor spouse. This article has dealt with some of the important legal issues involved in legally ending a marriage in Ontario. If you are considering applying to do so you should obtain proper legal advice from a knowledgeable, experienced divorce lawyer.
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