Child Support Tables updated as of November 22, 2017

The Child Support Tables under the Federal Child Support Guidelines were updated and took effect on November 22, 2017.  The Federal Government updated the Tables to reflect more recent tax rules. 

In Ontario, the amount of child support that a parent pays is largely governed by the Child Support Tables under the Child Support Guidelines - you determine the province the payor is from, the payer's income, and how many children are entitled to support, and find the corresponding amount under the Tables to arrive at a monthly child support amount.  This is a generalization and can be affected by claims for undue hardship, shared physical custody or split custody, incomes over $150,000, children over the age of 18 years and other issues.  Further, this monthly amount does not include the amounts required for add-on expenses (special or extraordinary expenses such as health expenses, child care, educational expenses, and extracurricular activity expenses).

If you have a child support order or agreement you may want to update it to reflect the new Tables.  If you are in the process of obtaining or negotiating a court order or agreement dealing with child support you should look at the new tables to see what the updated obligation is. 

If you have any questions or concerns regarding  your child support rights or obligations please contact our office at 705-302-3696 to book a consultation with one of our lawyers and we would be happy to assist you.

Equalization - What is It and How is It Calculated?

In Ontario, equalization refers to property (assets and debts) division for married spouses only.  This does not apply to common-law couples (i.e., couples who cohabit but do not marry). 

Generally, for each spouse, the following calculation is completed:

               (a)  add up all of the assets that the spouse owned on the date the parties separated
                      (also known as the "valuation date");

               (b)  subtract all of the debts that the spouse had on the date of separation from the
                      value in (a) above to obtain that spouse's net worth on the date of separation; then

               (c)  subtract the net worth (assets less debts) that the spouse had on the date of
                     marriage.

The result of this mathematical exercise equals a spouse's net family property (NFP).  NFP refers to the increase in net worth that a spouse has obtained during the marriage.  The spouse with the highest NFP pays the other one-half the difference between the parties' NFPs.   Confused yet?  An example may help:

            Let's say the Husband had the following assets and debts

                a)  on the date of separation:
                      
                                        Matrimonial Home - 50% owned with wife: $150,000.00
                                        Car: $10,000.00
                                        Bank Account: $5,000.00
                                        Investments: $5,000.00
                                        Employment Pension: $100,000.00
                                        Mortgage on Matrimonial Home ($75,000.00)
                                        Credit Card ($5,000.00)

                                        = net worth on date of separation: $190,000.00

               b)  on date of marriage:
                 
                                       Car: $15,000.00
                                       Bank Account: $2,000.00
                                       Pension: $50,000.00
                                       Credit Card: ($10,000.00)

                                        = net worth on the date of marriage: $57,000.00

               c)  Husband's NFP = $190,000 less $57,000.00 = $133,000.00.

            Let's say we did the same calculation for the wife (using different numbers) and the wife's
            NFP was $75,000.00.  

            The difference in NFPs would be $133,000.00 less $75,000.00 = $58,000.00 half of which
            is $29,000.00.  That means that the Husband would owe the wife an equalization
            payment of $29,000.00 and since the matrimonial home is jointly owned each party is
            entitled to half the equity in the home as well.  The parties would keep all of their
            other property that is in their sole names and their own sole debts.

This is a simple example, but equalization can get quite complicated as there are laws relating to the matrimonial home owned on the date of marriage, excluded property, valuations, whether there should be an unequal division of NFPs and many more.  Spouses should retain lawyers to assist them with the equalization calculation and applicable laws associated with same.

                          

Why You Should Hire a Lawyer: The Dangers of "Do It Yourself Family Law."

 

Many individuals choose to represent themselves in a separation or divorce.  Some examples are as follows:

 

           1.  A party representing himself/herself in Family Court;

           2.  Both parties unrepresented and draft a Separation Agreement amongst themselves;

           3.  One party represented by a lawyer and the other party not obtaining Independent
                Legal Advice before signing a Separation Agreement.

 

There are dangers in all of these options as follows:

 

      1.  Self-Representation in Court - you are more likely to obtain a positive resolution if
          you hire a lawyer to represent you in Court or at least to coach you through the process

          (discussed below under Limited Scope Retainers).    If one party is represented by a
          lawyer and the other is not, then the self-represented party is at a significant  
          disadvantage in the case.  From not knowing the law, not knowing the rules of Family 
          Court, to not knowing how to properly fill out court paperwork the self-represented party is
          taking a risk in not hiring a lawyer to guide him/her through the process.

 

      2.  Self-Preparation of Separation Agreements - There are three significant risks of signing

           a home-made separation agreement:

 

               a)  The Agreement may be found unenforceable for a variety of reasons, such as

                    missing essential terms, not having independent legal advice, not having proper

                    financial disclosure exchanged, or having unclear/conflicting terms. 

 

                b)  A party may be agreeing to something that he or she does not intend.  If the parties

                     use a "precedent" separation agreement either from the internet or from someone

                     else that hired a lawyer to do their Agreement, the parties may include clauses from

                     these precedents that do not apply to their specific case or that the parties do

                     not understand the consequences of. 

 

                c)  A party may not have included a term/terms that should be included such as proper

                     releases, review clauses, termination clauses, etc. 

  

      3.  Not obtaining Independent Legal Advice - if one party does not obtain independent

           legal advice (ILA), that party may not thoroughly understand what he or she is signing or

           the consequences of it.  For the party that has a lawyer, the risk if the other party does not

           have ILA is that the Separation Agreement could be set aside for that very reason as the

           non-represented party could allege that he or she did not understand what they were

           signing or that they did not have the capacity to sign. 

 

Family Law is a complex area of law that is changing every day and has significant consequences for the daily life of the person involved (i.e., impacts their daily finances, how much time they see with their children, etc.).  All of the risks mentioned above can result in increased legal costs for the individual to hire a lawyer to try to fix what was done the first time when the individual was self-represented.  By hiring a lawyer to represent you in your separation or divorce you can save thousands of dollars in future legal costs.

 

Not everyone can afford a lawyer to fully represent them.  An alternative to hiring a lawyer for full representation is called a Limited Scope Retainer.  A Limited Scope Retainer is a client hiring a lawyer for a limited purpose of their case. Examples include:

 

         1.  Litigation Coach - the individual is self-represented, but hires a lawyer to coach them in

              the background, give an opinion on a specific legal issue, represent them only on a

              specific legal issue, represent them only for a specific step in the process, help the

              individual draft their court paperwork or provide ILA on a proposed resolution.

 

         2.  Provide ILA and draft a Separation Agreement in which the parties have agreed upon

              terms amongst themselves - the parties have saved money on the negotiation part of

              their case, but hire lawyers to ensure that the Agreement is legally binding, clear and

              sets out what they agreed to.  Further, the lawyers will ensure that their clients

              understand what they are signing, have capacity to sign, and understand the

              consequences of the Agreement.

 

 

At Chapman McAlpine Law, we offer both full representation and limited scope representation.  Whatever process you chose, we strive to offer family law services in an approachable, friendly and compassionate environment, while providing reasonable costs and exceptional service. Contact us today to book a one hour no-obligation consultation: 705-302-3696 or info@chapmanmcalpine.com.

 

           





What is the Family Responsibility Office?

The Family Responsibility Office (or FRO) is a government agency responsible for the enforcement of all child and spousal support orders in Ontario.  FRO is also able to enforce the support provisions of a Separation Agreement as well so long as it has been filed with the court using a Form 26B (Affidavit for Filing Domestic Contract) which can be found here.  There is no fee for the initial filing with FRO and they do not deduct a percentage from the support amounts enforced each month.  If you withdraw from FRO and then wish to re-engage their services, there will be a mandatory administrative fee.

 When FRO receives a new support order to be enforced, it will send out intake packages to both the support recipient and the support payor.  The support recipient is required to provide information on any payments he/she has received up to the point of completing the document and will need to swear to the truth of those statements before a lawyer or commissioner of oaths.  The support payor will be asked to provide payment information and will be given an opportunity to set up direct monthly payments to FRO.  In the event that the support payor opts not to respond, FRO has the authority to garnish up to 50% of the support payor’s wages at source.

 

FRO has other enforcement options available to it as well, including having the support payor’s driver’s license suspended, having the support payor’s passport suspended, garnishing all government funds the support payor is otherwise entitled to (i.e. income tax refunds), and imprisoning the support payor.  Child and spousal support arrears survive bankruptcy and there will be no reduction of the arrears amount in the event of imprisonment.

 FRO is only able to enforce the support amounts specified in the Order or Agreement.  FRO will not amend the amounts it collects until such time as a new Order or Agreement is put into effect.  Further, FRO will not automatically terminate enforcement of support provisions even if a child turns 18 (or 28 for that matter).  If you are uncertain whether the support amounts in your matter should be varied, we can review this with you during a consultation and provide guidance on the options available to you.

 

Navigating the issues of child and spousal support is difficult; we are here to help.

What to expect at a consultation

We offer one-hour consultations at a reduced rate.  These appointments are an opportunity for you to meet with one of our lawyers and receive guidance on the next steps to be taken towards a resolution.  These meetings allow you to get a sense of whether you are comfortable with us and for us to determine whether yours is a matter that we can provide meaningful advice on.  Rest assured, these consultations do not include a sales pitch and there is no obligation to sign a retainer at the end.

Many people are nervous when they come to meet us for the first time.  We understand: this is an incredibly difficult time in your life, you are likely experiencing an array of emotions, and you may have never had to deal with a lawyer before.  Please know that we see people at all stages of their separation/divorce journey.  We are here to assist you with your legal matters, not judge your emotional state.  If it helps, most people tell us they feel much better after meeting with us and, so far, we haven’t bit anyone.

 At the beginning of the consultation we will ask you for some background information so that we can get a sense of what has brought you to us.  We do not require a full narrative and there is no need to write the history of your relationship out unless doing so is helpful to you.  If you have received a letter from a lawyer or if you have been served with court documents, please bring a copy with you for our review.  It is also helpful if you prepare a list of the questions that you would like answered as the amount of ground we cover and the amount of information you receive during the meeting can be overwhelming and things can be missed. 

 

Depending on the circumstances, we may write an email or letter to the lawyer who has contacted you; if we do, we will ask that he/she continues to correspond directly with you unless you retain us.  If you have been served with court documents, we will provide information to you on what documents you need to prepare in response and will explain the nature of the next court date.  It is rare that we would be in a position to give you a solid idea of settlement figures during a consultation because financial disclosure has usually not yet been exchanged at that point.

 

After you have booked a consultation, if you need to reschedule or cancel it, just give us a call or send an email.  You will not be asked why you need to change your appointment and you will not receive any hassle from us; life happens, we get it.  We do appreciate knowing in advance if you can’t make it in, though, as we can then offer that time to another client.

 

We look forward to meeting you at a consultation.  Call Paul at 705-302-3696 to book.

 

 

Who will the children live with? An overview of "access"

This is probably the most pressing question you will have once the decision to separate has been made.  There are no hard and fast rules on this and what works for one family may not work for another.  Your unique circumstances must be considered in determining the appropriate parenting schedule for your children.  Research has shown that having a consistent, predictable schedule is important for children to successfully transition to their new family dynamic.

In many cases, the children will live primarily with one parent and will have “access” to the other in accordance with an agreed upon schedule.  In some cases, the children will spend an equal amount of time with each parent, for example on a “week-about” basis.  Finally, there is also a possibility for the children to be split up between the parents with some children living with Dad and others living with Mom; this is called “split custody”.

Many factors will need to be considered when determining your parenting schedule, including:

1.      Has one parent historically done the majority of the caregiving?

2.      How old are the children?

3.      Do either of the parents do shift work?

4.      Are there any safety concerns?

5.      Are the children old enough to have a say?

6.      Will the proposed primary caregiver facilitate access to the other parent?

The law says that the children should spend as much time with each parent as is in their best interest.  We will assist you in negotiating the parenting schedule that will accomplish this.

Child Support - Shared/Split Custody

In situations in which children reside primarily with one parent, child support is fairly straightforward to calculate.  We look to the Child Support Guidelines and determine what the support payer's obligation is based on his/her gross annual income and how many children are entitled to support.  However, in situations where the children either spend roughly equal amounts of time with each parent or where one child lives with Mom and another lives with Dad, determining the amount of child support to be paid can be more complicated.

 

 

In a “split custody” arrangement, one or more children live with Mom and one or more children live with Dad.  In these cases, “differential child support” applies.  To determine this amount, we must first determine what Mom owes to Dad using her income, the number of children in Dad’s care, and the Child Support Guidelines.  We must then determine what Dad owes to Mom using the same formula.  The difference between the two amounts is called the “differential” or "offset".

 

For example, if Mom owes Dad $500/month in child support and Dad owes Mom $600/month, Dad would end up paying Mom $100/month as that is the difference between the two of them.

 

In a “shared custody” arrangement, the children are in the care of each parent no less than 40% of the time.  The legislation is somewhat unclear on how child support is impacted in these situations and I have had a judge tell me that these are the most dreaded matters to be heard at court.

 

Essentially, the starting point is to find the differential child support amount.  Then, the legislation says we must consider the “increased costs of shared custody arrangements” and the “conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought”.  The case law shows a hodgepodge of results, some higher than the differential, some lower, some right on the button.  There appears to be very little rhyme or reason to the discrepancies in the results.  As the amount is at the discretion of the judge, there is no certain way to predict the outcome.

 

As a result of the unpredictable nature of shared custody child support issues, many parents often agree to simply use the differential amount.  The benefit to this (aside from avoiding costly court appearances and protracted negotiations) is that the parents are then easily able to adjust the support amount as their incomes change from year to year.

 

To learn more about these unique child support issues, please contact us to book a consultation.

Child Support - How is the amount to be paid determined?

The amount of child support to be paid is based on the payor’s gross income and the number of children.  The support amount is set out in a chart called the Child Support Guidelines.  These Guidelines are available online and can be found on the Department of Justice website.

Child support is not a negotiable figure and will be awarded in accordance with the Guidelines.  In very rare circumstances, a support payor may be able to prove that paying support in accordance with the Guidelines would create an “undue hardship” for him/her but these cases are few and far between.  We can help you determine whether you qualify for this claim.

In instances where the children spend at least 40% of the time with each parent, or if the children are split between the two households, the amount of child support to be paid is often affected.  Please read the article regarding shared/split custody and child support to learn more.

Child support is designed to assist the primary caregiver with the cost of feeding, housing, and clothing the children.  Costs such as daycare, sport registration fees, and school tuition are above and beyond child support and are usually paid on a pro rata basis by the parents.  The proportionate share is determined by dividing Parent A’s gross income by the combined income of both parties.  The result is the percentage owed by Parent A; the remaining balance is Parent B’s share.

Clients often ask whether the income of their new partner or the ex-spouse’s new partner are considered.  They are not.  This may create a seemingly unfair result, however, the law simply does not consider the incomes of any new partners when determining child support.

When children are over the age of 18, their entitlement to child support can still exist.  However, depending on the particulars of your situation, the Guidelines may no longer apply.  We would be happy to discuss this with you and help you determine whether your child’s support entitlement is less than the Guideline amount.

 

Determining the correct amount of child support to be paid can be complicated (i.e. if the support payor is self-employed or if a child resides in residence during the school year).  We can help explain your child's support entitlement.

What About the Pets?

Pets are often viewed as members of the family.  So what happens to these “fur babies” when a couple separates?  Does one party get custody of the pet?  Does the other have to pay support?

No and no.  As much as we love the animals we share our homes with, they are viewed as property under the law.  There are no rights to access and no entitlements to support when it comes to pets.  We look at who purchased the pet (the purchase documents can be very important in this regard), who paid for its care and upkeep, whether it was a gift, and whether one party brought the pet into the relationship to determine the issue of ownership. 

The Family Court will not spend time on issues relating to pets.  A judge will not make orders for custody, access, or support for the family pet.  The court will also not order that the pet be sold and the proceeds shared (as a judge can do with a jointly owned home).

Everyone has seen a TV show or movie in which the “custody” of a pet is decided by having the animal choose its human (usually the party with bacon in his/her pocket wins).  Not once have I seen this occur in real life but it is a viable decision-making option (just don’t forget the bacon!).  I have had clients include a “parenting” schedule in their Separation Agreement for the family pet.  These parties often agree to share veterinary bills but to each bear responsibility for food, toys, beds, etc. 

Clients are often embarrassed to raise the issue of pets with us; don’t be!  We love animals and we understand the emotional connection you feel with yours.  If you and your partner cannot reach a resolution regarding your pet(s), we can assist you in negotiating a resolution. 

Custody - what is it and who gets it?

Who gets custody of the children?

Many people come to us with a misunderstanding of what “custody” means.  In the family law context, custody does not refer to who the children will live with; it actually refers to decision-making for the children.

In “joint custody” situations, both parents have an equal say when it comes to major decisions that must be made regarding the children’s health, education, or general wellbeing.  The children may reside primarily with one parent, but when it comes to decision-making, each parent is equally involved.

In “sole custody” situations, one parent has authority to make all such major decisions and the other only has the right to access information about the children.  Sometimes there is a requirement for the sole custodial parent to consult with the other parent regarding major decisions, but he/she will have the final say.

On occasion, an arrangement called “parallel parenting” is entered into.  In this situation, decision-making authority is divided between the parents.  For example, Mom gets to make all major medical decisions while Dad makes all major decisions regarding education.

Major decisions are just that: major.  For example, whether to consent to elective surgeries, what school system to register the children in, or whether to take the children to a mental health specialist are all major decisions.  Things like haircuts, ear piercing, and the dinner menu are not major; the parent in whose care the children are in at the time can make those decisions.  We call these “day-to-day decisions”.

Simply disliking the other parent will not be enough to secure a sole custodial arrangement; there are a variety of factors that come into play.  The most important factor to be considered when deciding the best arrangement regarding decision-making is the best interests of the children and whether you will make decisions jointly or alone will depend on the particulars of your unique situation. 

In the vast majority of cases, the parents will make decisions together.  It is advisable to have a plan in place to deal with disputes that may arise in the future (i.e. to attend mediation if an agreement cannot be reached, or to follow the advice of the applicable professional).  Sometimes, though, sole decision-making authority is appropriate. 

We can assist you in determining whether your situation is better-suited for joint or sole custody.

What Rights do Grandparents Have?

Are grandparents entitled to spend time with their grandchildren?

Grandparents often play an important role in their grandchildren’s lives.  In the majority of cases, time with the grandchildren is arranged directly with the parents without any problems.  Sometimes, though, grandparents are either not allowed to spend time with the children or their time is restricted by the parents.  These grandparents will come to us asking whether they can seek a court order allowing them time with their grandchildren. 

Grandparents are allowed to apply to the court for access to their grandchildren.  However, there is no automatic right to be awarded this.  Access is the right of the child, not of third parties.  In making a decision, the court will consider the best interests of the children.  It is generally thought that having a relationship with their grandparents is in the children’s best interests, however, there is a conflict in the case law between recognizing the benefit of grandparent-grandchild contact and the principle of allowing parents to decide how to raise their children.

The leading principle is that parents generally have the right to determine who their children spend time with.  If there is no evidence that the parents are behaving in a way that is not in accordance with the children’s best interests, the court will give significant weight to the parents’ decision.  The onus will be on the grandparent to demonstrate to the court that the parents are acting unreasonably in denying access to the children.  Some of the questions the court asks to determine whether the parents are being unreasonable are:

1.      Does a positive grandparent-grandchild relationship already exist (i.e. more than an occasional visit)?

2.      Has the parent’s decision imperiled that positive relationship?

3.      Has the parent acted arbitrarily?

A decision may be made to deny access if the grandparent persistently interferes in parenting decisions, refuses to comply with the parent’s rules regarding the children, or if such access poses a risk of harm to the child.  Access may be granted if the benefit of it is in the children’s best interest.  Particularly in situations in which the grandparents have resided with a grandchild or have been the regular daycare provider to the grandchildren, the grandparents can sometimes be seen as being in a similar role as step-parents; therefore, their chances of ongoing access are higher as the court is then preserving a parent-like connection.

The answer to whether a grandparent will be successful in making an access claim is complicated.  If you are faced with this situation, please call us to discuss your options.

Ways to Resolve Family Law Matters

The road between separation and resolution is unique to every couple.  Just as your relationship was different than anyone else’s, your separation will be different too.  Here are some ways in which people resolve the issues that arise upon separation.

1.      Kitchen Table Agreement

This is where a couple will sit down together and craft their own agreement, sometimes with help from templates found on the Internet or from a “fill-in-the-blank” book.  There is virtually no cost to these kinds of agreements but caution should be exercised when considering signing one.  Kitchen table agreements are often prone to being set aside in the future and you may be signing away, or agreeing to pay, far more than you should.  It is advisable to review the provisions of your Agreement with one of our lawyers prior to signing.  It is less expensive to get independent legal advice upfront than to fix a problem that arises down the road.

 

2.      Mediation

In mediation, parties will sit down with a trained mediator who has expertise dealing with family law issues, though he/she will not provide either side with advice.  The role of the mediator is to guide the parties in their discussions and to assist them in negotiating a resolution.  Lawyers typically do not attend mediation sessions.

Particularly in situations dealing with property issues, many clients find it quite beneficial to retain a lawyer to assist them in preparing their sworn Financial Statement and to provide advice throughout the mediation process, even if that lawyer does not attend the actual mediation sessions.  We are happy to assist in this way.

Most times the mediation is “closed” which means that any discussions you have will be confidential.  If a resolution is not reached, neither of you will be able to disclose any offers made during the course of mediation.  This allows the two of you to be open, honest, and creative in your discussions.

If a resolution is reached, the mediator will prepare a report setting out the terms of your agreement.  It is recommended that you bring that report to one of our family lawyers for independent legal advice and to have it turned into a formal Separation Agreement.

 

3.      Traditional Negotiation

In many cases, both parties will retain counsel who will assist them in negotiating an agreement.  The negotiations can be done in writing or at four-way meetings where the parties and the lawyers come together to explore resolution options.  This process gives you control over the outcome and allows for creative resolutions that will address your family’s unique concerns.

 

4.      Collaborative Practice

In this process, both parties will retain counsel who have specialized training in Collaborative Practice.  At an initial four-way meeting, the parties will sign a Participation Agreement which states that neither party will take the other to court.  If court proceedings are commenced, both parties will have to retain new counsel and any work completed or offers made will be confidential and cannot be discussed at court.  This gives the parties incentive to deal openly and honestly with each other and to remain committed to finding a resolution.

A team is also assembled to help the parties.  A Financial Specialist is jointly retained to assist with the financial/property issues and a Family Specialist is jointly retained to help the parents determine the best parenting schedule for their children.  This approach is often more cost-efficient as a significant amount of work is done by the parties with the outside specialists who typically charge less than the lawyers.  Your lawyer is available for advice throughout the process and will draft the Separation Agreement once the terms have been agreed upon.

 

5.      Court

We aim to keep clients out of court for a number of reasons:

1.      It is a lengthy and costly process;

2.      It is often unpredictable;

3.      It can bring the worst out of people; and

4.      It puts a stranger (the judge) in control of your life and that of your children.

However, court is not without its benefits:

1.      It puts deadlines on the parties which helps to keep you moving towards a resolution;

2.      A judge can and will make a decision if negotiations have broken down;

3.      A judge can and will make a decision if the other party ignores the matter; and

4.      It helps to remove power imbalances that sometimes exist between parties because the judge has the power, not the parties.

 

6.      Conclusion

There is no right or wrong way to reach a resolution and sometimes clients will attempt a few different processes before they settle their matter.  To discuss which option is best for your particular needs, please contact us to schedule a consultation.

Things to Consider in Hiring a Family Law Lawyer (By Allison McAlpine)

If you are going through a separation or divorce you are likely experiencing a wide range of emotions.  Some clients feel embarrassed, ashamed, vulnerable, and scared when it comes to hiring a family law lawyer.  These feelings are normal.  A lot of clients have never met a lawyer before, so it is understandable that they would feel uneasy with the process.  Additionally, most clients have never been through a separation or divorce before and do not know the processes involved and the road ahead of them.  This also creates a significant amount of anxiety and fear for clients.   

If you are going through a separation or divorce, you should see a lawyer as soon as possible to find out your potential rights and obligations and steps you can take to protect your rights going forward.  

Here are some factors we would recommend in hiring a family law lawyer:

·         Ensure you feel comfortable with your lawyer – you need to be able to tell your lawyer anything having to do with your case.

·         You should trust your lawyer – you need to be able to trust the information and advice your lawyer provides.

·         Your lawyer should be timely in providing responses to your inquiries – it should not take more than a few days for your lawyer to respond to your inquiries, even if the response is to let you know that they have received your communication, cannot respond now, but will provide you with a response by a certain date.

·         You should be provided with a detailed breakdown of your fees when you are billed – you should not be left questioning what you were billed for.

·         You and your lawyer should be on the same page about the strategy of your case and how it should proceed.

·         You should be the one giving instructions and making the decisions on the process, and direction of your case, subject to the advice of your lawyer.

·         You should like your lawyer – you will be spending a lot of time with your lawyer and you should get along with him or her.

·         Your lawyer should recommend alternatives to Court when appropriate – sometimes court is necessary and required, but often it isn’t as a first step – there are other alternatives to Court to resolve issues in the majority of cases.

 

By considering these factors in hiring your lawyer, you and your family law lawyer should work effectively together on your matter which increases your chance of success.

If at any point you are unhappy with your lawyer, you should address this with your lawyer immediately.  If the issue is one that cannot be resolved, you are not stuck with your lawyer for the balance of your case.  You always have the choice to end the solicitor-client relationship and hire a new lawyer. 

At Chapman McAlpine Law we realize the trust that our clients place in us and we are honoured to work with our clients.  We have no doubt that you will enjoy working with our firm.  Please contact us for a consultation at 705-302-3696.