Child Custody Access & Child Support Issues

Mother comforting her childAt Do It Yourself Divorce Online we realize that getting separated and divorced can be both stressful and overwhelming, especially if there are children involved. Please feel free to contact our support staff if you are unable to find answers to any questions you may have regarding children and divorce.

Can I get a online divorce if I have children?

Yes you can still proceed with a Do It Yourself Divorce Online if you have children, but only after you have come to an agreement with your ex-spouse about child support, and child custody and access. Usually the terms and conditions for child support, custody and access are in included in a separation agreement . You do not need a separation agreement to get a divorce, however you do need a Child Support and Custody Agreement.

When children are involved, the child custody and support agreement is the most crucial and important issue to be settled, as it involves your children’s future welfare. It is extremely important that the agreement be clear, concise, and fair to everyone involved, with full financial disclosure. In order to ensure that your child custody and support agreement is enforceable by law it is best to have a lawyer draft this agreement. Please fill out our form for your free consultation with our Senior Lawyer Timothy Kinnaird so that he can best advise you on the law, and your rights and obligations with regards to child custody and child support.

Once you have a valid written child custody and support agreement, it can then be registered forenforcement with the Ontario Family Responsibility Office without the need for a court judgment. It will then be enforced by the government the same way court-ordered support would be.

What is required for child support, child custody and access?
When a couple is separating or divorcing, both parents have a responsibility to agree about what’s best for the children. They must come to agreement about where they will live, who will pay child support payments, how much, how often the other parent will see them, and most of the other usual major issues regarding the wellbeing of the children.

How do I determine who pays child support and how much?
Both parents are expected to be responsible financially for their children. The person with whom the children live is the person who will receive child support payments from the other. Usually the amount of child support to be paid is based on published Child Support Guidelines. The child support will be based on the number of children, and the annual income of the paying parent. To calculate child support payments please click here.

Who will enforce my children’s support payments?
Upon registering your Child Support Agreement with the Ontario Family Responsibility Office the orders will be then be enforceable by the Family Responsibility Office.

What is child custody and how do I determine child custody?
There are 3 types of child custody: sole custody, joint custody, and shared custody.

What is sole custody?
Sole custody means that one parent makes all major decisions about the children.

What is joint custody?
Joint custody means that both parents make major decisions about the children together.

What is shared custody?
Shared custody applies when children live with one of the parents at least 40% of the time. Child support may or may not be payable between the parents depending on the circumstances.