If you are going through a separation or divorce in Ontario and have children, it is important to understand the legal process around creating a separation agreement that includes provisions for child custody and support. A separation agreement is a legally binding document that outlines the terms of separation and divorce, including issues related to finances, property, and children. In this article, we will guide you through the key considerations and steps involved in creating a separation agreement in Ontario that includes provisions for children.
Child Custody
When creating a separation agreement in Ontario, child custody is one of the most important provisions to consider. There are two types of custody arrangements that can be included in a separation agreement – sole custody and joint custody. Sole custody means that one parent has primary decision-making responsibility for the child, while joint custody means that both parents share decision-making responsibility. It is important to note that joint custody does not necessarily mean that the child spends equal time with each parent.
When determining custody arrangements, the best interests of the child should be the primary consideration. This includes factors such as the child`s relationship with each parent, the child`s age and health, and each parent`s ability to provide for the child`s physical and emotional needs.
Child Support
Child support is another important provision to include in a separation agreement that involves children. Child support is financial assistance that one parent pays to the other parent to help cover the costs of raising the child. The amount of child support that is owed is determined based on the income of both parents and the number of children that are being supported.
In Ontario, child support payments are calculated using the Federal Child Support Guidelines. These guidelines take into account the income of both parents, as well as the number of children being supported. Child support payments must be paid until the child reaches the age of majority, which is 18 years old in Ontario.
Conclusion
If you are going through a separation or divorce in Ontario and have children, it is important to create a separation agreement that includes provisions for child custody and support. Working with a qualified family law lawyer can help ensure that your separation agreement is fair, equitable, and legally binding. Remember to always prioritize the best interests of the child when making decisions about custody and support arrangements.