In Child support is an important aspect of family law in Mississauga. It ensures that children are provided with financial support from both parents following a separation or divorce. A Child Support Lawyer Mississauga in Mississauga specializes in helping parents navigate this complex legal process.
Here, we will discuss what a Child Support Lawyer does in Mississauga, how they can help you, and some frequently asked questions about child support in Mississauga.
Child Custody Lawyer mississauga

What is a Child Support Lawyer Mississauga?

A Child Support Lawyer in Mississauga is a legal professional who specializes in family law and has expertise in child support matters. They provide legal advice and representation to parents who are seeking to establish, vary or enforce child support orders.
Their role is to help parents understand their legal rights and obligations regarding child support, and to guide them through the legal process of resolving child support issues.

What does a Child Support Lawyer Mississauga do?

A Child Support Lawyer Mississauga can provide a wide range of services, including:
• Advising clients on their legal rights and obligations regarding child support.
• Negotiating child support agreements between parents.
• Representing clients in court to obtain child support orders.
• Enforcing child support orders through court proceedings.
• Helping clients to vary child support orders if there has been a significant change in circumstances.
• Providing legal advice and representation in cases where a parent is seeking to terminate child support payments.

How can a Child Support Lawyer in Mississauga help you?

A Child Support Lawyer in Mississauga can help you in many ways. Here are some examples:
• It help you understand your legal rights and obligations regarding child support.
• Can negotiate child support agreements on your behalf, ensuring that your child’s best interests are protected.
• It Can an represent you in court to obtain child support orders if necessary.
Enforce child support orders through legal proceedings if the other parent fails to make payments.
• Can help you vary child support orders if there has been a significant change in circumstances, such as a job loss or a change in custody arrangements.
• Provide legal advice and representation in cases where you are seeking to terminate child support payments.

What are the Importance of Hiring a Child Support Lawyer in Mississauga?

When facing child support issues in Mississauga, it is important to have a skilled and knowledgeable lawyer by your side. Hiring a Child Support Lawyer in Mississauga can make a significant difference in the outcome of your case.
• Expertise and Experience
Child support matters can be complex, and the laws and regulations surrounding them are constantly changing. A Child Support Lawyer in Mississauga has the expertise and experience to navigate the legal process effectively.
• Protection of Your Rights
A Child Support Lawyer in Mississauga will work to protect your legal rights and ensure that your child’s best interests are taken into account.
• Peace of Mind
Child support issues can be emotionally draining and stressful. Hiring a Child Support Lawyer in Mississauga can provide you with peace of mind knowing that your case is in good hands.
• Cost-Effective
While hiring a Child Support Lawyer in Mississauga may seem like an added expense, it can actually save you money in the long run.

How do I get a Family Lawyer in Mississauga?

Securing a family lawyer in Mississauga is a step-by-step process that begins with identifying your legal needs. Whether it’s for divorce proceedings, child custody battles, or child support issues, understanding the specifics of your case is crucial. Once you’ve clarified your needs, start researching potential legal firms. Look for firms that specialize in family law, like Evergreen Law Group, as they will have the expertise and experience to handle your case effectively. Check online reviews and ratings to gauge their reputation and client satisfaction. After shortlisting potential firms, arrange consultations. These meetings are an opportunity to discuss your case, understand their approach, and assess your comfort level with the lawyer. Remember, it’s important to have a lawyer you can trust and communicate with effectively. After the consultation, carefully consider the information gathered before making your final decision. Please note that costs may vary based on the complexity of the case and the lawyer’s experience. Choosing the right family lawyer is a crucial decision that can significantly affect the outcome of your case.

Do I Need a Lawyer for the Family Court in Mississauga?

While it is not mandatory to have a lawyer for family court proceedings in Mississauga, it is highly recommended. Family law can be complex and navigating the legal system without the assistance of an experienced professional can be challenging. A family lawyer can provide valuable guidance, offer legal advice, and represent you in court. They can also help you understand your rights and responsibilities, assist with paperwork and legal documents, and work to ensure your interests are effectively represented. Particularly in contentious scenarios, such as divorce or child custody disputes, having a lawyer can be instrumental in achieving a favorable outcome. If cost is a concern, there are legal aid options available that can provide access to legal representation for those who cannot afford it. Overall, while it is possible to represent yourself in family court, the benefits of hiring a lawyer can be substantial.

Are Family Lawyers Expensive?

The fees of family lawyer in Mississauga can vary considerably depending on several factors. These commonly include the lawyer’s experience and reputation, the complexity of your case, and the amount of time it may take to resolve. On average, a family lawyer can charge anywhere from CAD 200 to CAD 600 per hour. Some lawyers may also offer a flat rate for certain services, like drafting a prenuptial agreement or handling an uncontested divorce, which could range from CAD 1,000 to CAD 3,000. It’s important to note these are average costs, and actual prices can fluctuate. Some lawyers may offer flexible payment plans or sliding scale fees based on income, so don’t hesitate to discuss payment options during your initial consultation. While legal representation can be a significant investment, many clients find the expertise and guidance provided to be invaluable in their family law case.

Can a Child Refuse to see a Parent in Mississauga?

In Ontario, Canada, there is no specific age at which a child can legally refuse to see a parent. The courts always place the best interests of the child at the forefront of any decisions made. This includes considering the child’s views and preferences, provided they are mature enough to make such decisions. However, these preferences are only one of many factors that the court will consider, and the ultimate decision lies with the court. If a child persistently refuses to visit a parent, it may lead to a reassessment of the custody and visitation arrangements, and in certain cases, professional intervention (such as a child psychologist) may be called upon to assess the situation. It is strongly advised that you consult with us if you find yourself in this situation to ensure your rights, and the best interests of your child, are being protected and represented appropriately.

How long does a Father have to Pay Child Support in Mississauga?

In Ontario, Canada, a parent is generally required to pay child support until the child turns 18 years old. However, this obligation may extend beyond the child’s 18th birthday if the child is still dependent due to reasons such as being in full-time education, having a disability, or other special circumstances. It’s also important to note that if parents were never married, a claim for child support can be made at any time as long as the child is still a dependent. If a child support agreement is already in place, it is crucial to get legal advice before making any changes. This is a complex area of family law and it is essential to consult with a family lawyer to understand your obligations and rights fully. At Evergreen Law Group, we can provide the necessary guidance and representation you need to navigate through these issues.

Frequently Asked Questions

Who is responsible for paying child support in Mississauga?

Both parents have a legal obligation to provide financial support for their children. The amount of support is based on the Child Support Guidelines, which take into account the income of both parents, the number of children, and the custody arrangements.

How is child support calculated in Mississauga?

Child support is calculated based on the Child Support Guidelines, which take into account the income of both parents, the number of children, and the custody arrangements. The amount of support is typically a percentage of the paying parent’s income.

What happens if the paying parent does not pay child support in Mississauga?

If the paying parent fails to make child support payments, the recipient parent can seek enforcement through legal proceedings, which may include garnishing wages or seizing assets.

Can child support orders be changed in Mississauga?

Yes, child support orders can be changed in Mississauga if there has been a significant change in circumstances, such as a job loss or a change in custody arrangements.

Do I need a Child Support Lawyer in Mississauga?

While it is not mandatory to hire a Child Support Lawyer in Mississauga, it is highly recommended. Child support matters can be complex, and a lawyer can help you navigate the legal process and ensure that your child’s best interests are protected.

How much does a Child Support Lawyer in Mississauga cost?

The cost of a Child Support Lawyer in Mississauga varies depending on the complexity of the case and the lawyer’s experience. Many lawyers offer free consultations, so it is important to speak with several lawyers to find one that fits your budget and needs.

Can a Child Support Lawyer in Mississauga help me if I live in another province or territory?

Yes, a Child Support Lawyer in Mississauga can provide legal advice and representation regardless of where you live in Mississauga. However, it is important to note that each province and territory has its own laws and regulations regarding child support.

Can a Child Support Lawyer in Mississauga help me if I am a grandparent seeking child support for my grandchild?

In most cases, grandparents do not have a legal right to seek child support for their grandchildren. However, there may be exceptions if the grandparent has legal custody of the child or if the child’s parents are deceased or unable to provide financial support.

Can a Child Support Lawyer in Mississauga help me if I am seeking to establish paternity?

Yes, a Child Support Lawyer in Mississauga can help you establish paternity and obtain a child support order if you are the biological parent of the child.

What is child custody?

Child custody refers to the legal rights and responsibilities a parent has towards their child. It encompasses two main aspects: physical custody, which pertains to the child’s living arrangements, and legal custody, which refers to the right to make important decisions on behalf of the child. In Mississauga, as across Canada, the courts make custody decisions based on the best interest of the child. A competent child support lawyer in Mississauga will guide you through the intricacies of child custody laws, ensuring that your rights and the best interests of your child are protected.

What are the Types of child custody?

Child custody in Mississauga, and throughout Canada, is categorized into four key types: Sole Custody, Joint Custody, Shared Custody, and Split Custody.

  1. Sole Custody: In this arrangement, one parent holds both the physical and legal custody of the child. This parent makes all essential decisions related to the child’s welfare, education, health, and religion. In cases of divorce or separation, the non-custodial parent, who does not have primary physical custody of the child, typically has visitation rights. The specifics of these visitation rights, including the frequency, duration, and conditions, are usually determined by the court, taking into consideration the best interests of the child and the circumstances of the parents.
  2. Joint Custody: Joint custody implies that both parents share the legal custody of the child. Though the child primarily resides with one parent, both parents make significant decisions about the child’s upbringing.
  3. Shared Custody: This type refers to a situation where the child spends at least 40% of the time with each parent. It’s a form of joint custody but with more equal division of time.
  4. Split Custody: In families with more than one child, one parent may get custody of some children, while the other parent gets custody of the remaining children. This is less common as courts prefer to keep siblings together.

Navigating through these custody arrangements can be complex. Engaging a skilled child support lawyer in Mississauga can help in understanding these categories better and deciding on the best course of action tailored to your specific circumstances to safeguard your rights and well-being of your child.

Who decides child custody?

In Mississauga, as it is across Canada, child custody decisions are typically made by a judge in family court. The judge’s primary concern is always the best interest of the child. The court takes into account various factors such as the child’s age, health, emotional ties between the parents and the child, parents’ ability to provide a stable, loving environment, and, in some cases, the child’s own wishes. The court also looks into any history of family violence or substance abuse.

The perspective of a neutral third party, such as a child psychologist or a social worker, may also be sought. The process can be intense and emotionally draining. Therefore, having an experienced child support lawyer in Mississauga by your side can prove invaluable. These professionals are equipped with the knowledge and experience to navigate the legal complexities, advise you on your rights and responsibilities, and advocate for your interests. They can help you present your case effectively in court, ensuring that the final determination is fair and serves the best interests of your child.

What are the Factors considered by the court for child custody?

The courts consider a myriad of factors while determining child custody to ensure the child’s best interests are met.

  1. Child’s Preferences: Depending on the child’s age and maturity, the court may take into account the child’s own preferences.
  2. Parent’s Ability to Meet Child’s Needs: The court assesses each parent’s ability to meet the child’s physical, emotional, and educational needs. This could include the parent’s understanding of the child’s needs and their willingness and ability to meet them.
  3. Stability and Continuity: Courts prefer minimizing disruption, hence they often favor the parent who can provide a more stable, continuous environment.
  4. Parent’s Health: The mental and physical health of each parent can impact their ability to meet the child’s needs.
  5. Relationship between Child and Parent: Emotional bonds between the parent and the child are considered.
  6. Evidence of Substance Abuse or Domestic Violence: Any history of violence or substance abuse can significantly impact custody decisions.
  7. Co-parenting and Communication Skills: The court examines each parent’s willingness to support the child’s relationship with the other parent and the ability to cooperate and communicate effectively.
  8. Living Arrangements: The living situation of each parent, the quality of the child’s current schooling, and proximity to extended family can also affect the court’s decision.

Understanding these factors and how they are likely to influence the court’s decision can be challenging, and it is advisable to consult with a seasoned child support lawyer in Mississauga. They can provide guidance, explain how these factors apply to your case, and help you prepare for any proceedings. It’s crucial to remember that every situation is unique, and what the court may deem as the child’s best interest can vary widely depending on the specifics of your case.

How do you start an application for decision-making responsibility (formerly custody) for a child?

Starting an application for decision-making responsibility (formerly known as custody) for a child in Mississauga begins with filling out court forms that detail your request. The primary form is Form 8: Application (General), where you provide information about your family situation and the orders you are asking for, which includes decision-making responsibility. It’s also crucial to complete Form 35.1: Affidavit in Support of Claim for Custody or Access, where you provide more detailed information about your relationship with the child.

Alongside these, other relevant forms might include Form 13: Financial Statement (Support Claims) or Form 13.1: Financial Statement (Property and Support Claims) if you are requesting child support. Remember, these forms must be filled out honestly and completely, as misleading the court or leaving out important information can have serious consequences.

Once the forms are filled out, they must be issued by the court clerk, meaning they are stamped, dated, and entered into the court record. Afterward, these forms need to be served to the other parent, which means they receive a copy in a manner according to the court’s rules.

Lastly, you need to provide the court with proof that the other parent was served. This entire process can be complex and time-consuming, and a single mistake could lead to unnecessary delays. That’s why it’s strongly recommended to seek the assistance of an experienced child support lawyer in Mississauga. They can guide you through each step, help you avoid common pitfalls, and ensure your application accurately and effectively represents your case.

It’s important to note that the court prefers to see parents work together to come up with a parenting agreement outside of court. If this is possible in your situation, a child support lawyer in Mississauga can also provide advice during negotiations and ensure the final agreement protects your rights and the child’s best interests. However, if you cannot agree, the matter will go before the court, and a judge will make the decision based on the child’s best interest.

Do I have to go to court?

While going to court may seem daunting, it isn’t always necessary when determining child support or custody arrangements. Many families in Mississauga manage to reach agreements outside of court through negotiation or mediation. These out-of-court settlements allow both parties to contribute to the terms of the agreement, providing a more flexible and often less stressful solution. An experienced child support lawyer in Mississauga can assist you throughout these processes, offering advice and ensuring your rights are protected.

However, if an agreement cannot be reached outside of court, or if there are urgent matters or safety concerns, you may need to go to court. In such scenarios, having a reputable child support lawyer in Mississauga to represent you can be invaluable. They can help you understand court procedures, prepare your case, represent you in court, and advocate for your interests effectively.

Remember, the court’s primary concern is the best interest of the child. Whether through out-of-court negotiations or court proceedings, a child support lawyer in Mississauga can help ensure that the child’s well-being remains at the forefront of all decisions. They can provide the professional guidance and support you need in this complex and emotionally challenging time.

If we share custody, will I have to pay support?

Shared custody does not always exempt a parent from paying child support. In Mississauga, like the rest of Canada, the amount of child support is determined by guidelines set forth by the Federal Child Support Guidelines. These guidelines consider the number of children, the income of each parent, and the amount of time each parent spends with the child. Even in a shared custody situation, where the child spends approximately equal time with both parents, a child support payment may still be required if there is significant disparity in the incomes of the parents.

For instance, if one parent earns significantly more than the other, the higher-earning parent may be required to pay child support to ensure that the child maintains a similar standard of living in both households. However, the specific amount of child support can hinge on various factors and might be different from the amount calculated under the guidelines.

It’s essential to consult with a knowledgeable child support lawyer in Mississauga who can help you understand how the guidelines apply to your situation. The lawyer can interpret the guidelines, explain how they apply to your specific circumstances, and provide advice on potential child support obligations. Remember, child support is a legal obligation, not a choice, and it’s designed to ensure the child’s needs are met in both households. Whether you’re the payor or recipient, a child support lawyer in Mississauga can provide you with the necessary assistance to ensure the child’s best interests are protected.

Can I deny access to the children if my former spouse/partner has not made support payments?

In Mississauga, as well as throughout Canada, child support and child custody are treated as separate issues by the court. This means that even if your former spouse or partner has not been meeting their child support obligations, you do not have the legal right to deny them access to the children. The rationale behind this is that the child’s best interests are paramount, and it’s generally considered beneficial for a child to maintain a relationship with both parents, irrespective of financial disputes.

However, it’s understandable that non-payment of child support can place a significant financial strain on the custodial parent. If your former partner isn’t making the required support payments, it’s advised to seek legal assistance from an experienced child support lawyer in Mississauga. The lawyer can guide you through the legal processes available to enforce child support orders. Actions can include garnishing the wages of the non-paying parent, seizing their property, or in some cases, the non-paying parent can be found in contempt of court, which has serious consequences.

In conclusion, while it may be tempting to refuse access in response to non-payment of child support, it’s vital to remember that the court views support and access as separate issues, both aimed at safeguarding the child’s best interests. A child support lawyer in Mississauga can provide you with effective legal strategies to resolve child support issues without jeopardizing the child’s right to access.

If we have to go to court to decide on custody, what does the judge consider in making the decision?

When a court in Mississauga or anywhere in Canada is required to make a decision about child custody, the judge considers numerous factors. The child’s best interests are always the paramount concern, and this is determined by evaluating several aspects.

First, the emotional ties between the child and each parent are assessed. This includes the bond the child has with each parent and the parent’s involvement in the child’s life. The court also looks at the parent’s ability to provide for the child’s needs, including physical care, emotional support, and education. This involves assessing the parent’s mental and physical health, their work obligations, and their ability to provide a stable home environment.

Another critical factor is the child’s established living pattern. Preference is often given to the parent who can offer the most stability in terms of housing, schooling, and community. The court also takes into account the child’s own wishes, providing the child is old enough and mature enough to express a reasonable preference.

The court takes into account the extent to which each parent is willing to foster a positive bond between the child and the other parent. This includes the parent’s ability to cooperate with the other parent and to communicate effectively about matters pertaining to the child.

Having a reputable child support lawyer in Mississauga during this process can provide invaluable guidance. These professionals can help you understand the intricacies of this process, supporting you in presenting your case in the best possible light to protect your rights and the best interests of your child.

Client Testimonial's

Contact Now! Book an appointment with our experts and discuss more on family matters.

Contact Us

    Call Now ButtonCall Now To Get Consultation