The results are in. Family court is usually the last place you want to be when you are getting separated or divorced. Family court for Durham Region is located at 150 Bond Street East in Oshawa, Ontario.
Most spouses find Oshawa family court very frustrating, emotionally-draining, and expensive. However, when your spouse continues to take unreasonable positions on the key issues in your family law case, you might not have any choice but to go to family court.
The sooner you get effective representation in family court, the sooner you can protect your family law rights and get a good settlement with your spouse that solves your legal issues.
To get effective representation in family court right now, call Thomas O’Malley, a family lawyer with more than 26 years of experience in Oshawa family court and other courts in Ontario, at (905) 434-8837. It’s your future!
Important Family Court Strategies
Here are a few main points you should remember about Oshawa family court:
- You have to know your family law rights in Ontario on the critical issues of child custody and access, child support, spousal support and property issues.
- You must have excellent court documents about your family law case. Family court judges are very busy so that they get most of their knowledge about your case from your written court documents. You must take the time to make sure you have carefully-drafted court documents that fully explain your goals in your case and set out why you should get what you are seeking based on Ontario family law.
- You must know your deadlines for serving your court documents on your former spouse and filing them in your local family court office. It’s very important that you know the court rules and procedures so that you don’t run into any problems in your family law case.
- You must be prepared for a series of court appearances throughout the family court process, called a case conference, settlement conference, and a trial management conference, in which you discuss your family law issues with a judge.
- You must know how to prepare for a trial when you don’t settle your family law issues in court. A judge will decide your family issues, including child custody and access, child support, spousal support, and your property issues, when you have not reached a settlement with your spouse.
- The judge cannot give you legal advice about your family law case.
- You should always be focussed on reaching a reasonable settlement with your spouse.
Obviously you can see how the family court process at the Oshawa court can easily overwhelm most people. How can you possibly handle the family court process without the help of an experienced family law and divorce lawyer?
I don’t have to tell you that you’ll probably have a much more difficult time in family court and get less desirable results than if you have a field-proven family lawyer working for you in family court.
Schedule an appointment with Thomas O’Malley, an experienced family lawyer, today to get effective representation in family court. Call his office at (905) 434-8837 today.
How To Approach Your Family Court Case
In Oshawa Family Court
Think of how you’ll feel when you have veteran family law and divorce lawyer Thomas O’Malley handling your case in family court.
And that’s just the beginning. You’re more likely to reach a reasonable settlement more quickly that protects your family law rights when you use Thomas O’Malley to help solve your family and divorce legal issues.
You’ll never have to take chances with a seasoned legal professional like Mr. O’Malley looking out for your family law rights. He guides you every step of the way.
A word of caution: The sooner you use Thomas O’Malley to protect your legal rights in family court, the sooner he can help you reach a good settlement with your former spouse which ends your family court case once and for all.
Call him now at (905) 434-8837 so that he can start helping you protect your legal rights in family court. Don’t waste another moment!
What Court Orders You Should Try To Get
In Your Case in Oshawa Family Court
You should ask for most of these orders that apply to your family law case:
1. An order for custody of your children.
You have to decide whether you want sole custody or joint custody of your children. When you have sole custody of your children, you make all of the important decisions respecting your children, including decisions about education, religion, and health care.
When you have joint custody of the children, you and your spouse must both consult with each other and agree on the important decisions in your children’s lives, including education, religion and health care.
You should only pursue an order for joint custody of the children when you and your spouse can discuss what’s in the best interests of your children in a civil and cordial manner. If your spouse constantly argues with you in a demeaning way and puts you down regularly in front of the children, then you should not agree or pursue joint custody of the children.
You should pursue sole custody of the children when you have always been the primary caregiver of the children.
You should also seek an order for sole custody when your spouse cannot communicate with you in a civil and normal way.
Remember this: Custody of your children does not necessarily decide with whom the children will live. In most cases, when you have sole custody of the children, the children will live with you on a full-time basis.
However, an order for joint custody of the children can result in a few different living arrangements for your children.
You can have joint custody of the children and the children still live with one spouse on a full-time basis. In another situation, you have children living with each parent on a “week-about basis” which means that the children live with one parent for one week and then they live with the other parent the next week…and this pattern continues on a regular basis.
Some parents who have joint custody break up the week so that the children live with one parent from Monday to Thursday, for example, and live with the other parent from Friday to Monday morning (this scenario happens because at least one parent has different work shifts than the usual 9-to-5 work shift).
You, therefore, have to give some careful thought to the living arrangements for your children. Should your children live with you on a full-time basis? Should you agree to some type of arrangement in which your children live with your spouse for a certain period of time during the month and the children live with you the other times during the month because this truly is in the best interest of the children?
Here’s an example of how you can actually word the orders that you are asking the court for in your court application:
An order for sole custody of Jill Smith, born April 24, 2005, and Jack Smith, born September 10, 2007.
If an order for sole custody does not make sense in your case, try this:
An order for joint custody of Jill Smith, born April 24, 2005, and Jack Smith, born September 10, 2007.
2. An order for child support for Jill Smith, born April 24, 2005, and Jack Smith, born September 10, 2007.
You can figure out how much child support your former spouse should be paying to you by reviewing the Child Support Guidelines for your province. You simply find out what your spouse’s gross income is by looking at line 150 of their income tax return or Notice of Assessment and examining a recent pay stub that shows their year-to-date income.
When you have determined your spouse’s gross income, go to your province’s Child Support Guidelines and find the appropriate page or table with the correct number of children involved and your spouse’s gross income. Then you will find the appropriate child support amount that your spouse should pay to you on a monthly basis.
3. An order that Randy Smith pay spousal support to Barbara Smith.
When your spouse earns significantly greater income than you earn, you could be entitled to spousal support depending on your age, the length of the marriage or relationship and your level of income.
You don’t have to put in the specific amount of spousal support that you want in your court application.
You should definitely get a copy of the Spousal Support Advisory Guidelines (SSAG) calculation in your case to give you a reasonable idea of the amount of spousal support you might be entitled to receive from your spouse. The SSAG calculation gives you a low, medium, and high dollar figure.
4. An order that Randy Smith contribute to all extraordinary expenses pertaining to the children, including day care costs, sports activities, uninsured health and dental expenses and post-secondary education expenses, on a proportional-to-income basis.
Your basic child support covers the cost of your children’s residence or accommodations, food and clothing. You are entitled get money from your spouse for additional expenses for your children, including day care costs, expenses for sports activities, and college or university costs. These are called section 7 expenses or extraordinary expenses under the Child Support Guidelines.
Your spouse pays a portion of these section 7 expenses. They pay on a proportional-to-income basis. Here’s an example: If your spouse earns $60,000 a year and you earn $40,000 a year, the total income for both spouses is $100,000 a year. $60,000 is 60% of $100,000 and $40,000 is 40% of $100,000 so that your spouse would have to pay 60% of these section 7 expenses and you would pay 40% of these section 7 expenses.
5. An order that each party on or before May 31st of each year provide the other party with a copy of his or her income tax return for the immediately preceding year and a copy of his or her Notice of Assessment and a recent pay stub showing year-to-date income.
You need your spouse’s gross income each year to figure out how much child support that he or she should be paying to you as well as to determine the proper amount of their contribution to section 7 expenses, such as day care costs and expenses for sport activities.
6. An order for equalization of net family properties.
You must determine your rights respecting property matters in your province. A consultation with an experienced family lawyer is an excellent idea to find out your property rights in your separation or divorce.
Property rights in a separation or divorce are handled differently in each province. Therefore, the specific wording or language to use in your court application depends on the family law legislation in your province.
7. An order that the Respondent Randy Smith maintain extended medical, drug and dental insurance coverage for Barbara Smith and the children for so long as such plan is available to him and Barbara Smith and each child is eligible for such coverage.
8. An order that the Respondent Randy Smith shall maintain her membership in the policy of group life insurance available to him through his employment and that he designate the Applicant Barbara Smith as the beneficiary of this policy and/or any other policies of insurance on his own life owned by him so as to provide sufficient security for his obligations to pay child support and/or spousal support to the Applicant Barbara Smith.
You should always make a claim that your spouse has adequate life insurance to cover the loss of child support and/or spousal support if your spouse dies.
9. An order for pre-judgment and post-judgment interest.
10. An order for costs.
11. Such further and other relief as to this Honourable Court may seem just.
Your Next Step To Protect Your Legal Rights
In Oshawa Family Court
You can protect your legal rights in the Oshawa family courthouse. The only condition is that you really need the help of an experienced family law and divorce lawyer to assist you.
Here’s a fact for you: Your separation, divorce or family law case will become so much easier when you have Thomas O’Malley, an accomplished family law and divorce lawyer, working hard to defend your rights and settle your case.
Imagine what you could do if you actually settled your family law issues. You can start enjoying your life again!
Contact Thomas O’Malley now at (905) 434-8837 and start putting an end to your family law problems! There’s no better time than right now.