CHILDREN & UNCONTESTED
DIVORCE
If you have
children, it is a very good idea to have a separation agreement
that details issues related to custody (major decision making),
residence, access (visitation) and child support. However, you
are not required to have a written agreement.
Child Support is
usually based on the Federal Child Support Guidelines. There are
tables that set out the minimum amount of child support based on
the province where you live, the number of children you have and
your annual income. The paying spouse may also agree or be
ordered to pay 'special and extraordinary expenses' on top of
the base amount. Such expenses may include childcare, private
schooling, camp, extra-curriculars, etc.
A court can
theoretically refuse to grant a divorce if the support paying
spouse isn't paying enough based on the Federal Guidelines -
however, we have assisted many people in this situation who just
want a divorce now and who choose to deal with support issues at
another time.
One
recommendation: If you think you don't need a written agreement
now because both spouses are amicable and accommodating,
consider getting something in writing now that will protect your
rights/interests if the post-divorce relationship sours.
See
DivorceInCanada.ca for more detailed information.
