ALTERNATIVE DISPUTE RESOLUTION: MEDIATION-ARBITRATION

ALTERNATIVE DISPUTE RESOLUTION: MEDIATION-ARBITRATION

ALTERNATIVE DISPUTE RESOLUTION: MEDIATION-ARBITRATION

At Kain & Ball, we are committed to achieving the best possible results for clients in the most cost-effective, and low conflict manner possible. Depending on the nature of the issues; mediation-arbitration may be helpful in resolving certain disputes. Our experience has demonstrated that mediation can be especially useful in solving issues relating to children.

The process of mediation-arbitration involves the parties (together with their counsel) selecting a senior family law lawyer to act as a mediator to aid the parties and their counsel in coming to a final agreement to settle their issues. In the event that the mediation process fails and the parties are unable to agree, the arbitration process begins, and the mediator then acts as arbitrator. The arbitration process is similar to that of a trial, however it takes place in a private forum. The lawyers at Kain & Ball have formal training and extensive experience in representing clients in the mediation-arbitration process, and are prepared to assist you.

To book a free initial consultation with one of our qualified family law lawyers contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com.

CHILD SUPPORT

CHILD SUPPORT

CHILD SUPPORT

The Federal Child Support Guidelines (the Guidelines) were enacted, among other reasons, in order to provide some certainty with respect to the financial support of children. This piece of legislation provides insight on who must pay child support, the quantum of child support which must paid, and for how long children are eligible to receive child support. Child support payments are tax free in the hands of the recipient and non-deductible from income for the purposes of income tax by the payor.

The basic amount of child support payable is set out in the tables of the Guidelines and is based on the income of the payor parent. The income of the recipient parent is not taken into account in setting basic child support payments. Generally, the parent with whom the child resides primarily is the recipient of the child support payments. In addition to the basic child support amount, an additional amount may be payable for special or extraordinary expenses of the children. These special and extraordinary expenses are set out in section 7 of the child support Guidelines and may include expenses such as uninsured medical and dental expenses and post-secondary education expenses, and daycare.

Children are generally eligible to receive child support for as long as they are under the age of majority, or until they have obtained their first post-secondary degree.

Although it may seem straightforward to determine child support by simple application of the Guidelines, various issues may arise which can impact the general “rules” of child support pursuant to the Guidelines and give rise to certain exceptions. At Kain & Ball, we understand the child support Guidelines and have extensive experience in dealing with such issues and exceptions.

For instance, the determination of a payor parent’s income can be an issue, because income for child support purposes is not necessarily limited to the payor’s Line 150 income. Bonuses, stock options, expense accounts, and benefits may, in some cases be included in the calculation of the payor’s income. In the case of self-employed persons, the ability to personally benefit from expenses paid by the company also may be taken into account.

Adjustments may be made to the basic support payable in certain situations where there are shared parenting arrangements and the child resides with the payor parent for more than 40% of the time. In such instances, a payor parent may be able to argue that there should be a “set-off” or a reduction of the table child support payable, depending on the circumstances.

Our qualified team of family law experts has dealt with a wide range of cases including those with complex financial issues. We have the requisite skills, knowledge, and experience to ensure a fair child support arrangement for you and your family.

To book a free initial consultation with one of our qualified family law lawyers contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com

CUSTODY OF AND ACCESS TO CHILDREN

CUSTODY OF AND ACCESS TO CHILDREN

CUSTODY OF AND ACCESS TO CHILDREN

If you have children, and are going through the process of a separation or divorce, perhaps the greatest cause of stress and discord are the questions surrounding what will happen to the children following the breakdown of your marriage. Who will have custody? Where will the children live during the separation? How will they be affected? After you retain Kain & Ball to assist you with your child custody matter, you will have someone to answer these questions and provide you with expert advice and guidance. You’ll be able to rest assured that your best interests, and the best interests of your children, are being taken care of from a legal perspective by our experienced legal team so that you can focus your attention on your family during this difficult time. The lawyers at Kain & Ball have dealt with child custody matters across the GTA and in forums in Toronto, Mississauga, Oakville, Hamilton, Markham, Oshawa and Niagara. In addition, the lawyers at Kain & Ball have considerable experience in dealing with interprovincial as well as international custody disputes and Applications under the Hague Convention.

What You Should Know About Child Custody.

Perhaps the most common questions asked by parents at the early stages of a family law or divorce proceeding are those surrounding custody. Custody and residence, contrary to what many people believe, are not one and the same. Custody deals with decision making, while residence deals with where the child lives. It is possible, for instance, for parties to have joint custody but for the child to be primarily resident with one of the parties. Access is often the term used to describe the time that children spend with the parent with whom they do not reside with primarily. The governing principle that courts use to determine child related issues such as custody, primary residence, and access schedules is the best interests of the children.

Ideally, the approach to resolution of parenting issues involves both parents working together and cooperating to come to an arrangement that works well for the family and is in the best interests of the children. However, in some circumstances, this ideal approach is just not possible. The experienced family law lawyers at Kain & Ball have dealt with numerous cases involving the determination of custody, access, and primary residence.

Why You Need A Family Law Lawyer Experienced in Custody and Access Matters.

We have the experience and expertise to provide you with the right advice and strategy to negotiate the right custody, access, and residence arrangements for your family. In some instances, where a resolution cannot be reached by way of negotiation, it may be necessary to go to court to obtain an order for custody or access. In these cases, it is imperative that your lawyer is a skilled advocate with litigation experience who will represent your interests and put your best case forward. Our commitment to our clients ensures that we will do exactly that. Among the lawyers at Kain & Ball are experienced negotiators, accomplished litigators, and practiced advocates who take a client-focused, results oriented approach to every aspect of a case.

At Kain & Ball, we understand that your children are your top priority, and as such our experienced team of family law lawyers will treat your child related issues as just that: a top priority. We have the experience and expertise you need to deal with whatever child-related issues may arise in your case. The legal team at Kain & Ball has experience across the whole spectrum of child-related issues: from child protection matters and experience with the Children’s Aid Society (CAS) to dealing with the Office of the Children’s Lawyer (OCL) and custody and access assessments to dealing with mobility issues. At your free consultation we will discuss your issues and ensure that you are matched with the best lawyer on our team to fulfill your needs.

To book your free consultation with one of our family law lawyers call 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com.

DIVISION OF PROPERTY

DIVISION OF PROPERTY

DIVISION OF PROPERTY

Upon separation, married spouses are entitled to an equalization of their net family property. This means that they are entitled, not to the division of the property itself, but to the equalization of the value of the property. The process involves the application of a specific calculation which is set out in detail in the Family Law Act known as the equalization of net family property.

Equalization of net family property results in one spouse (the one with the greater net family property) owing the other spouse a debt (equalization payment). It’s important to note that an equalization payment may amount to more or less than half of the other spouse’s total assets.

When calculating net family property, the value of all types of ‘property’ is included in the calculation: land, buildings, bank accounts, businesses, stock, stock options, pensions’ accounts receivable etc.

Application of the principles governing equalization of net family property can be complex, and subject to many variables which can have a significant impact on the bottom line. When it comes to property division, it pays to consult a lawyer and Kain & Ball is the logical choice based on our extensive experience.

Unlike married spouses, unmarried spouses do not have the automatic right to equalization of net family property under the Family Law Act. This is not to say, however that unmarried spouses do not have any property rights. The extent to which persons who are not married may assert a claim against each other with respect to property varies widely depending on the circumstances relating to their relationship and the property in question. At Kain & Ball, we have dealt with numerous cases involving the property rights of unmarried spouses. Our legal team is familiar with the complex issues that arise in these kinds of cases, and we are ready to assist you.

To book a free initial consultation with one of our experienced family law lawyers contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com.

INTERJURISDICTIONAL CUSTODY AND ACCESS DISPUTES AND MOBILITY ISSUES

INTERJURISDICTIONAL CUSTODY AND ACCESS DISPUTES AND MOBILITY ISSUES

INTERJURISDICTIONAL CUSTODY AND ACCESS DISPUTES AND MOBILITY ISSUES

As globalization becomes the norm, individuals, and more particularly families, move more frequently and freely than ever before; crossing local and international borders alike. As a result, there has been an increasingly urgent need for the law relating to families to extend beyond traditional borders and address the issues presented by these new “international” families when they are no longer intact and turn to the courts for assistance. One of the most important issues with respect to the mobility of families and their subsequent breakdown, is the question of which jurisdiction shall be called upon to make custody and access decisions in proceedings where a family (or a portion of that family) lives or has lived in more than one legal jurisdiction; and what happens when one parent moves a child to a different jurisdiction without the consent of the other. If you find yourself involved in a custody dispute which involves mobility issues, it is important that you find the best family law lawyer to represent you and deal with the complexities that are inherent in mobility disputes. The lawyers at Kain & Ball are experienced in dealing with mobility issues and have successfully represented clients in interjurisdictional custody and access disputes including child abduction cases and applications under the Hague Convention.

To book a free consultation with a lawyer experienced in dealing with mobility issues contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com

LITIGATION

LITIGATION

LITIGATION

In cases where negotiations prove unsuccessful, and mediation or other forms of alternate dispute resolution are not appropriate, you may have to look to the courts for assistance. Kain & Ball is ready to help with seasoned trial lawyers. Subject to your circumstances, it may be necessary to commence legal proceedings against the other party to assert claims for and/or obtain immediate relief on an interim (temporary) basis concerning issues of: custody/ access, child support, spousal support, possession of the matrimonial home, equalization, dissipation of property, restraining orders etc.

Most cases begin with negotiation. If no agreement can be reached, cases usually proceed as follows:

  • An Application is issued
  • Case Conference,
  • Interim Proceedings: Motions for Interim Support, Interim Custody, Interim Exclusive Possession of the matrimonial home etc.
  • Questioning on financial matters and other issues
  • Settlement Conference
  • Pre-Trial Conference
  • Trial Management Conference
  • Trial

Even if a legal proceeding is commenced, at all steps throughout the process, we will make all reasonable efforts on your behalf to try to reach a fair settlement and minimize the costs and uncertainty of going to court. If you are served with a court process, then Kain & Ball will take all the necessary steps to effectively defend you and assert your claims, putting your best case forward. While we do believe that it is best to minimize conflict in family law matters and settle out of court, unfortunately that is not always possible because of the circumstances. The experienced family law lawyers at Kain & Ball is comprised of skilled advocates and brilliant litigators with trial experience who are prepared to fight for you.

For more information on litigation, or if you have been served with an Application, contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com for a free 30 minute consultation, and we would be happy to assist you.

MARRIAGE CONTRACTS (PRENUPTIAL AGREEMENTS) AND COHABITATION AGREEMENTS

MARRIAGE CONTRACTS (PRENUPTIAL AGREEMENTS) AND COHABITATION AGREEMENTS

MARRIAGE CONTRACTS (PRENUPTIAL AGREEMENTS) AND COHABITATION AGREEMENTS

Marriage Contracts (often referred to as prenuptial agreements) and Cohabitation Agreements are domestic contracts which couples can use to define, expand, or limit their rights and obligations in Family Law which arise from their relationships. For instance, a Marriage Contract or Cohabitation agreement can address obligations such as spousal support and potential property claims so that the couple may manage their affairs according to their own wishes.

Under the Family Law Act, there are certain requirements that must be met in order for a domestic contract to be valid. It is very important that your domestic contract is properly drafted by a qualified family law lawyer who understands these requirements in order to ensure that your contract is enforceable. The legal team at Kain & Ball has extensive experience in the negotiation and preparation of Cohabitation Agreements and Marriage Contracts. Our family law lawyers are ready to help you prepare and finalize a Marriage Contract or Cohabitation Agreement that reflects your intentions and wishes in the most efficient and effective manner possible.

If your significant other has presented you with a marriage contract or cohabitation agreement already, it is important that you get independent legal advice to ensure that your interests are protected. The lawyers at Kain & Ball can provide you with the expert advice and guidance you need.

For more information on Marriage Contracts or Cohabitation Agreements, call us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com to book your free 30 minute consultation.

MEDIATION SERVICES

MEDIATION SERVICES

MEDIATION SERVICES

Anita Kain is an experienced mediator who has assisted numerous parties, both represented by counsel and unrepresented to achieve final resolutions to their family law disputes. Ms. Kain’s extensive experience as a family law lawyer coupled with her creativity with problem-solving make her an excellent choice of mediator to settle your family law dispute.

SEPARATION AND DIVORCE

SEPARATION AND DIVORCE

SEPARATION AND DIVORCE

The decision to end a marriage relationship is perhaps one of the most difficult decisions you will ever make. At this stressful and often confusing time, many questions arise surrounding the divorce and separation process. At Kain & Ball, our experienced team of legal professionals will guide you through the separation and divorce process, answering your questions and doing our best to make this transition into the next phase of your life a smooth one.

Why You Need an Experienced Divorce Lawyer

There is one ground for divorce in Canada: marriage breakdown. Marriage breakdown can be evidenced by the spouses’ separation for at least one year, by cruelty, or by adultery. Most divorces are granted on the basis of the one year separation. The separation period can begin to run as soon as the spouses no longer reside together with no possibility of reconciliation. It is not necessary to have a separation agreement or “legal separation” for a year prior to commencing a divorce application. In some cases, separation can occur while the spouses remain under the same roof. Spouses are considered to be living “separate and apart” while they are residing in the same home, provided that they (or at least one of them) has formed the clear intention not to live together. This type of separation can be one of the most difficult to navigate, and as such, it is paramount that you have the very best advice from a lawyer that you can trust to assist you. The lawyers at Kain & Ball Family Law have extensive experience dealing with parties who are separated and living in the same home. We understand the issues that can arise out of such situations and are at the ready with effective advice and solutions to ensure that your rights are protected.

It is also possible to end a marriage relationship without actually obtaining a formal divorce. Many couples decide that it is sufficient to separate, and settle the issues between them on a final basis using a separation agreement. However, should one of the parties decide that he or she would like to re-marry, then it is necessary to obtain a formal divorce.

Our Experienced Divorce Lawyers are Here to Help You.

For basic or complex divorce proceedings, the lawyers at Kain & Ball Family Law have the experience you need. Family law is our only area of practice and throughout nearly 30 years of practice we have handled thousands of cases of varying circumstances surrounding separation and divorce. Whatever your circumstances are, we are committed to helping you to resolve your issues in the most efficient and cost effective way possible. At Kain & Ball , your satisfaction with the end result is of utmost importance to us, and we strive to meet and exceed your expectations.

To book a free consultation with one of our experienced divorce lawyers contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com .

SPOUSAL SUPPORT

SPOUSAL SUPPORT

SPOUSAL SUPPORT

One of the primary financial concerns for those starting the divorce process is the issue of spousal support, which is often referred to as alimony. Whether you are likely to be the recipient or the payor of spousal support, it is important to have a lawyer who understands the various nuances of the spousal support regime in Ontario to help guide you through the process.

Married spouses, and in some cases, unmarried spouses can have the obligation to support one another financially. In the case of unmarried spouses, the obligation to pay spousal support arises once the parties have been in a relationship and cohabiting for three years or more, or if the parties have a child together if they have been in a relationship for less than three years.

The amount and duration of spousal support, for both married and unmarried spouses; is discretionary. In making such a determination, courts take into account many factors – including the need for financial support of the recipient, and the ability to pay of the payor spouse – as well as various circumstances of the relationship which may impact a spouse’s ability to generate an income from his or her own resources.

Over the years, the skilled family law lawyers at Kain & Ball have gained extensive experience in both the negotiation of spousal support agreements, and in litigating such issues when necessary and we are ready to share our knowledge with you.

To book a free initial consultation with one of our experienced family law lawyers contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com .

Kain & Ball Professional Corporation
1290 Central Parkway West, Suite 402 Mississauga, Ontario L5C 4R3
Phone: (905) 273-4588 URL of Map