Advertise on podcast: Dealing with Divorce

For the final episode of the season, Darlene will answer 5 frequently asked questions on the topic of child support. She will pinpoint some situations when a court could deviate from the table amount of support and highlighting the benefits of going to court versus mediation child support issues. She will also bring up cases—including a landmark decision—to back up her answers and illustrate options for parents going through the divorce/separation process.   “Child support is the child’s right and they are entitled to it by law.” - Darlene   Here are what she talks about: Whether a parent is obligated to pay for their child’s university education How to change a child support order Whether parents should go to court The decision to waive child support On limiting parenting time if support is not paid or refusing to pay support due to lack of contact with the child Retroactive child support   Resources: Michel v. Graydon   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

Axis Geffen is the ​​founder and president of Axis Vero Incorporated. His private investigation firm assists lawyers and self-represented clients to find evidence, properly document it for court or mediation purposes, and then assist in building or strengthening their cases.      In this episode, Axis will talk about the nature of his business and what he loves about his job. He will weigh in on different investigation methods and correct some common misconceptions that people have when it comes to this matter. He will also go into the limits of private investigators and of doing your own investigation, offering advice for people who are looking to have their partner or someone else investigated.   “There’s nothing worse than getting the answer but getting it the wrong way so you’re not allowed to use it.” - Axis Geffen   Here are what we talk about: Axis Vero Incorporated and what it has to offer Surveillance and tracking Research and verification How to prove lack of work in one’s field Video and audio wiretapping The risks of publicly defaming your ex Hidden assets The limits of people who represent themselves   Connect with Axis Website: www.axisvero.com Facebook: https://www.facebook.com/axisvero Twitter: https://twitter.com/AxisVeroPI LinkedIn: https://www.linkedin.com/in/axisgeffen/   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

Leanne Townsend is a family law attorney based in Toronto. She is counsel and chair of the family law group at Mills & Mills LLP where her practice is focused on family law, domestic violence, and victim advocacy.    In this episode, Leanne and Darlene will talk about the imputation of income, illustrating different scenarios based on cases that they have handled before. Leanne will analyze how judges determine whether someone is intentionally underemployed or unemployed. She will clear up a misconception that people have when it comes to their career and the repercussions of making drastic changes. They will also share tips for couples going through divorce/separation.   “As a family lawyer... We are in a position to really, in a meaningful way, help somebody and make a difference in their life.” - Leanne Townsend   Here are what we talk about: Leanne’s background as a crown attorney  The factors that judges look at before imputing income How the imputation of income is a gray area when it comes to support obligations Some reasonable justifications for underemployment and unemployment Mental health claims in family law cases What if a parent leaves their job to attend school The issue of people underreporting their income You don’t need bad faith to impute income   Resources Mills & Mills LLP Connect with Leanne Website: https://leannetownsend.ca/ Instagram: https://www.instagram.com/leannetownsendlife/ Facebook: https://www.facebook.com/leannetownsendlife/ Twitter: https://twitter.com/leanne_townsend LinkedIn: https://ca.linkedin.com/in/leannetownsendlife   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

Christine Montgomery is the Director of Family Law Training, Support & Development for DivorceMate Software Inc. Before she joined the company in 2005, she spent 7 years in her private family law practice.   In this episode, Christine and Darlene will talk about some things that parents should consider when calculating child support. They will weigh in on interesting portions of the Federal Child Support Guidelines, how contributions for extraordinary expenses are calculated, and what factors may impact those calculations.  Quote: “The thing that’s probably most dear to my heart is training people with our software... and to help people problem-solve.” - Christine Montgomery   Here are what we talk about: Christine’s role in DivorceMate and what the company has to offer The 2 components of child support: table support and Section 7 expenses Section 19, deductions, and shared custody Why the payor’s income is more relevant than the recipient’s income Some issues parents face when it comes to Section 7 expenses The benefits of having a fixed amount of Section 7 expenses Spousal support, child care expenses, and the tax implications Limited scope retainers   Resources: DivorceMate Software My Support Calculator   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

In this follow-up episode on the enforcement of support, Darlene will review the powers of the Family Responsibility Office (FRO). She will dive deep into two consequences that greatly impact support payors when they are behind on their monthly support payments—default hearings and driver’s license suspensions. She will also share 3 tips for support payors, highlighting the importance of seeking legal advice. Quote: “Keep up with your support payments. And if you can’t, for whatever reason, then speak to a lawyer and take the necessary steps to have your order or separation agreement amended.” - Darlene    Here are what she talks about: What the FRO is capable of Two things you can do when you fall behind payments  Why bankruptcy does not get rid of your support obligations What to expect if you get a notice for a default hearing On driver’s license suspensions and refraining orders The equivalent of a “most wanted” list for parents who don’t pay support Some valid reasons for changing support   Resources: Family Responsibility and Support Arrears Enforcement Act Good Parents Pay   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

In this first episode of a 2-part series on the enforcement of support, Darlene will talk about the Family Responsibility Office (FRO) and what it is capable of, giving examples of situations where the FRO cannot enforce an agreement. She will answer questions like “What happens if the payor does not pay voluntarily?” and “What happens if the payor does not live in Canada?”. Tune in until the end because she will end the show with 4 quick tips for support recipients. Quote:  “Have your agreement enforced by FRO unless you have a very good relationship with your ex-spouse.” - Darlene    Here are what she talks about: About the FRO and its responsibilities The 3 ways it becomes involved in support payments What the FRO cannot do The importance of a signed agreement that has been properly drafted by a lawyer Extracurricular activities and payments owed by the support payor Reciprocating jurisdictions The downsides of not involving the FRO   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

Patricia Greco is the founder and president of GRC Wealth Transition Solutions. She is a financial divorce specialist with over 30 years of experience as a chartered accountant. Separation/divorce affects people not only emotionally but also financially. In this episode, Patricia will talk about her role in her clients’ divorce journey and the benefits of seeking professional advice. She and Darlene will discuss some of the mistakes that people make when they go through the separation process. They also offer tips and clear up some misconceptions for individuals who are facing this major life transition. Quote: “[The divorce transition] is the most significant financial transaction you’ll actually ever experience.” - Patricia Greco   Here are what we talk about: The nature of Patricia’s practice What she learned from her own divorce What a financial forecast is and how it is calculated Lump-sum versus periodic spousal support Why couples shouldn’t immediately settle affairs on an asset-by-asset basis The importance of having a properly drafted and signed separation agreement On surrounding yourself with family, friends, and the right team of professionals On not letting emotions run the separation/divorce process The cost of divorce and why you need to invest in the process   Connect with Patricia Website: https://www.grcwealth.ca/ Instagram: https://www.instagram.com/grc_wealth_transition/ Facebook: https://www.facebook.com/pg/grcwealth.ca/community/   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

Stephen Rosenfield is the founder and corporate director of Come To Agreement with over 20 years in family law mediation. Meanwhile, Mag Saad is the president and CEO with over 20 years in operations, management consulting, and coaching executives of multimillion and multibillion-dollar international corporations. In this episode, they will explain how Come To Agreement marries two industries—family law and insurance law—to help fractured families reach settlements and improve co-parenting relationships. They will introduce their new product, Rebalancing Beneficiaries. Together with Darlene, they will also address a number of insurance-related issues that people go through during the separation or divorce process. Quotes: “As parents... our responsibility is to give our children the opportunity, to give them a future.” - Stephen Rosenfield “[The company has] products...to help families in stress, be it children or the actual spouses that are separating or divorcing.” - Mag Saad   Here are what we talk about: Come To Agreement and their roles in the company The 5 classifications of support payments Why maintaining life insurance policies are necessary The 3 specific problems in family law that Rebalancing Beneficiaries is uniquely designed to solve Why most people don’t make changes to their insurance policies The issue of irrevocable beneficiaries and indefinite support agreements The other advantages of Rebalancing Beneficiaries The biggest mistakes people make when they separate Stephen’s advice on budgeting Find your own personal balance   Connect with Stephen Rosenfield and Mag Saad Website: Come To Agreement   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers, and he helps clients with separation, divorce, custody and support issues by providing customized solutions to their family matters. In this episode, Russell and Darlene will talk about the collaborative nature of his practice and how it compares to the traditional process for separation and divorce. They will answer some common questions about spousal support, stressing the importance of consulting with a lawyer especially on the issue of entitlement. Russell will also identify the biggest challenges or mistakes people make when they separate. Quote: “As lawyers, we can do a better job communicating with our clients, but clients need to speak up.” - Russell Alexander   Here are what we talk about: Collaborative law versus the traditional court system Whether or not someone is entitled to spousal support The Spousal Support Advisory Guidelines How child support would impact a spousal support claim On net disposable income Advice on getting full financial disclosure, not rushing into an agreement, and setting realistic expectations The challenge for lawyers to help clients make informed decisions On pensions Invest in a good lawyer for good advice Write down your thoughts and questions for your lawyer to go through   Connect with Russell Alexander Website: https://www.russellalexander.com/ Podcast: https://familyllb.com/podcast/ Youtube: https://www.youtube.com/c/FamilyLLB   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

Faith Feldman graduated in 2013 from Western Law and was called to the Ontario Bar in 2014. Since then, she has worked for My Support Calculator (MSC) and its sister company, DivorceMate Software, as a project manager. Today, Faith and Darlene will talk about Canada’s only accurate child and spousal support calculator, a bit about DivorceMate Software, and how you can use these resources during your separation or divorce. They will also answer some questions about child support, highlighting the importance of finding legal representation that works for you. Tune in until the end because Darlene will mention a case that changed the law on retroactive support! Quote:  “The health of your family is on you so be your own best advocate.” - Faith Feldman   Here are what we talk about: A little bit about Faith What MSC has to offer and the differences between its free and paid versions On the child support table and Section 7 Special or Extraordinary Expenses MSC’s geographical coverage What age child support stops Pressing issues for families going through the separation process How DivorceMate Software differs from MSC People’s entitlement to spousal and child support On getting professional assistance Michel v. Graydon   Connect with Faith Feldman My Support Calculator Facebook Instagram   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email

You are in for a solo episode with Darlene to close off the first season of this show.   In this episode, she will be reviewing some of the legislative changes to  the Divorce Act, coming into effect on March 1st 2021. These changes aim to promote the best interest of the child.  When a court determines the best interest of the child, the  Divorce Act now requires judges to consider a list of best interest of the child factors.  Darlene will review this list in order to assist parents in interpreting the factors that will be considered by the court in making parenting orders  (custody & access orders).     Factors to be considered (3) In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including (a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability; (b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life; (c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse; (d) the history of care of the child; (e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained; (f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage; (g) any plans for the child’s care; (h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child; (i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child; (j) any family violence and its impact on, among other things, the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and (k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.    Quote: “Children don’t track the amount of time they spend with each parent by days or percentage. What they remember are the experiences. “  - Darlene Rites   Here are what we talk about: The purpose of the changes in the Divorce Act Presumption of equal shared parenting When shared parenting is not appropriate What changed: the list of best interest of the child factors Child’s relationship with grandparents and siblings Positive obligation on parents to support a child’s relationship with the other parents  Role of the status quo Child’s views and preferences Promoting a child’s cultural identity The importance of having a plan for the care of your child  The role of communication and cooperation for parents The impact of family violence on parenting orders  Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email: [email protected]

Jana Tsang is the principal lawyer at Tsang Law, with 12 years of experience practicing Family Law and Wills and Estate Planning. Today, Jana and Darlene will talk about the intersection between family law and estates law and why it is critical to speak with an estates lawyer after separation and divorce. Also, Jana will share her valuable knowledge on creating and updating Wills and Powers of Attorney documents after separation that will surely help family law listeners. Don’t miss this very informative episode! Quote: “It makes me feel good to help people put these documents together to give them a sense of peace knowing the people that they leave behind will be well taken care of.” - Jana Tsang   Here are what we talk about: The importance of updating your Will after separation The distinction between separation and divorce Options for the surviving spouse, in case of a spouse’s death The importance of having a Will for common-law couples Advice on updating the ownership and beneficiary designations on your life insurance policies, RRSP’s and TFSA’s  after separation On creating a Will to ease the burdens on the beneficiaries The three components to a Will On naming a guardian in the Will in case of separation or death Tips for those going through separation or divorce   Connect with Jana Tsang Facebook LinkedIn Tsang Law website Phone: 416-645-7448 Email: [email protected]   Connect with Darlene Rites Facebook LinkedIn Ferreira & Bettencourt, LLP Email: [email protected]