Why Niroomand Family Law?
Our family lawyers keep you at the center of the entire process and tailor their strategy to your unique situation. This type of approach helps create desirable outcomes while minimizing unnecessary emotional and financial stress. Our client-centered culture is driven by a team of legal professionals who all embrace our philosophy and core principles:
Our Legal Services
- Child Custody & Access
- Parenting Agreements
- Child Support
- Property Division
- Cohabitation Agreements
- Separation Agreements
- Marriage Contracts (Prenups)
- Spousal Support
CHILD CUSTODY AND ACCESS
Niroomand Family Law handles cases of child custody and access when parents decide to separate and wish to come to an agreement regarding decision-making control and time spent with their child either outside of court or by going to court.
What Is Child Custody?
The term “custody” refers to a parent who may make major decisions affecting a child. Examples of these decisions include: health, education, and religion. If a parent has sole custody, they hold all decision-making power for that child. If both parents hold joint custody, all important decisions regarding their child must be made together and cannot be made without the other parent’s agreement. Sometimes, custody is referred to as the time spent with a child, but in actuality, the term describes who has decision-making power.
What Is Child Access?
The term “access” refers to the time a parent spends with a child. For example, a child might live with one parent, but has access visits with the other parent on alternate weekends or for two evenings per week. Access is always seen as the right of the child, not of the parent.
In both cases, lawyers will negotiate for, and assist parents in, forming an agreement that covers both issues. They may also require the help of a mediator or parenting coordinator to come to a decision. It is common for parents to hire a third party custody and access assessor, who is often a psychologist or social worker, to provide a report about the best interests of the child. This report wouldn’t determine the outcome, if brought to court, but would be considered
Is Legal Assistance With Child Custody Agreements Right For You?
You will require legal assistance for a child custody and access agreement if you have separated with the other parent of your child and need to reach an agreement that is best for your child regarding decision-making control and time spent with your child. It is preferred that both parties reach an agreement outside of court and with the help of your lawyers or mediators; however, if required, you may have your lawyer represent you in court and a judge will determine where your child will live, the terms of access, and who will hold decision-making power.
Niroomand Family Law typically suggests parenting agreements to parents wishing to decide, in advance, how their child will be cared for in the future.
What Is A Parenting Agreement?
A parenting agreement is a contract reached between two parents, governing how their child will be cared for in the future. The contract may cover a wide range of issues, including: custody, access, a child’s residence, financial support, education, health care, and religion.
Is A Parenting Agreement Right For You?
A parenting agreement might be appropriate for you if you would like to make sure that any potential disputes regarding your child are resolved before they arise. The agreement is often beneficial for children who would otherwise have a judge make these decisions. If both parties have conflict, they can enlist the help of a therapist or professional parenting coordinator, along with their lawyers, to help negotiate terms of the parenting contract.
Niroomand Family Law helps individuals navigate child support through separation agreements and parenting agreements or, if necessary, through court.
What Is Child Support?
Child support refers to a child’s right to financial assistance from a parent they don’t primarily live with. After separation, the parent who doesn’t primarily live with the child is legally obligated to pay child support to the parent who the child does reside with.
The amount a parent pays is predetermined by Federal Child Support Guidelines and is calculated based on province, amount of money the parent earns, and number of children they will be supporting. These amounts are firm and are only adjusted if there is a shared custody agreement where the non-custodial parent spends at least 40 per cent of the time with the child, if the support amount would cause undue hardships to the payor, if the child is over 18-years-old and not in full time school, or if the payor’s income is over $150,000.
In addition to monthly child support, the non-custodial parent is required to pay a proportionate share of special or extraordinary expenses, extracurricular activity costs, childcare fees, educational fees, and health and medical expenses. The proportions of these added financial needs will be based on each party’s income. If one parent is not working, the other parent will pay 100 per cent of the child’s expenses.
Is Legal Assistance With Child Support Right For You?
Having a lawyer assist you as you navigate the challenges of child support means that you will have someone with experience and knowledge in legal agreements negotiating the terms of either receiving or paying child support. The terms both parties agree on will then appear in either a separation agreement or a parenting agreement. If you are unable to reach an agreement, the court will decide on the terms of child support.
Niroomand Family Law typically handles property division when married spouses have separated and need to divide their property.
What Is Property Division?
Property division refers to a married spouse’s legal right to make a claim for equalization of the parties’ net family property. The net family property calculations require both spouses to disclose what finances they had on the date of their marriage and on the date of their separation, including assets and liabilities. Any net assets acquired during the marriage are considered the net family property and may be equalized.
The spouse with a higher net family property at the separation will pay half of the difference, making each spouse’s net family property value the same. This is called equalization and is the right of both spouses following a separation.
Is Legal Assistance With Property Division Right For You?
Employing legal help with property division means that a lawyer would assist in considering all of the deductions and exclusions to your net family property in order to properly calculate your value. Your lawyer would also help you seek the necessary information to determine your spouse’s net family property, ensuring a fair equalization.
Niroomand Family Law typically suggests cohabitation agreements to those who wish to live together, but who would like to decide certain issues in advance, in case of a separation.
What Is A Cohabitation Agreement?
A cohabitation agreement is a set of terms two parties wishing to live together or currently living together decide upon regarding their financial relationship so that if they separate, there are no disputes about support or property. Examples of these issues include: division of property, spousal support, and other matters related to the relationship ending. With legal help, both parties decide on the terms of the agreement, which might stipulate how much support will be paid, who will retain certain assets, or any buy out provisions for a jointly owned home. Each agreement is tailored specifically to the needs and goals of the parties involved. If the spouses under this agreement marry, the cohabitation agreement can become a marriage contract.
Is A Cohabitation Agreement Right For You?
You might wish to create a cohabitation agreement if you would like to avoid arguments, financial cost, and time spent making decisions following a separation. Cohabitation agreements are also suggested for those who would like to opt out of certain obligations in the Family Law Act such as spousal support provisions. Waiving these terms can be included in a cohabitation agreement, but must not be unreasonable.
Niroomand Family Law typically suggests separation agreements to individuals who need to address a variety of issues arising from their separation with a written contract.
What Is A Separation Agreement?
A separation agreement is a set of terms for two individuals wishing to separate and who need to address matters including: property division, spousal support, child custody or access, and child support. The agreement means that both parties can settle out of court; however, the separation agreement is a valid and binding contract and may be filed and enforced through court, if needed.
Is A Separation Agreement Right For You?
If you are separating from your spouse and would like to settle matters resulting from the separation out of court, a separation agreement might be appropriate. If you are having difficulty reaching an agreement, you may use alternative dispute resolution methods like mediation or arbitration.
Niroomand Family Law typically suggests marriage contracts to individuals either planning on getting married or currently married who wish to decide certain issues in advance in case of a separation.
What Is A Marriage Contract?
A marriage contract is a written agreement between two parties either getting married or already married, detailing issues that would arise if the marriage ended. Division of property and spousal support are two issues commonly discussed and determined in a marriage contract. With the help of a lawyer, both parties decide on the terms of the contract to resolve potential disputes resulting from a separation in advance.
Is A Marriage Contract Right For You?
You may decide to create a marriage contract if you would like to avoid any arguments, financial cost, or time devoted to post-separation disputes if the marriage ends. If you would like to opt out of any property division or spousal support provisions from the Family Law Act and Divorce Act, a marriage contract would also be appropriate. Parties often choose to have a marriage contract if they would like to protect personal or business interests in case of a separation.
Niroomand Family Law assists individuals when they have separated from a spouse and are negotiating any financial assistance they are either required to pay or able to receive through spousal support.
What Is Spousal Support?
When spouses decide to separate, the Spousal Support Advisory Guidelines suggest a range of financial support paid to one spouse based on many factors. Some of these factors include: length of cohabitation, age of the recipient, children, functions performed by each spouse during the relationship (e.g., child care), financial need, and ability of the payor to provide finances. The guideline provides a range of support for both the amount and duration of payment. The goal of spousal support is for both parties to maintain their lifestyles and also to address any hardships the support recipient may have suffered during the relationship.
Spousal support can be paid monthly or as a lump sum and is tax deductible for the payor, but must be claimed as income by the payee. If the parties are unable to come to an agreement, the court will decide on any spousal support. The Spousal Support Advisory Guidelines are only guidelines and not law; however, they are widely used by lawyers and judges to ensure that there is consistency when deciding how much spousal support should be payable in any particular case.
Is Legal Assistance With Spousal Support Right For You?
You will likely require the assistance of a lawyer if you are separating from your spouse and need to negotiate spousal support as a part of your separation agreement. Your lawyer will negotiate the final agreement and document the support terms in your separation agreement.