The Issues

In Family Mediation the issues of parenting, property division and financial support after Separation may be considered.

The parenting issues to be addressed may include:

• Major and Minor Decision Making

• Children’s Residence Schedule

• Transitions and Exchanges

• Third Party Childcare

• Communication between Child and Parent

• Method of Communication Between Parents

• Managing Disagreements

• Privacy

• Protecting Children from Conflict

• Education

• Health - Medical and Dental

• Extra Curricular Activities

• Religion

• Special Needs

• Child’s Wishes and Preferences

• Relationships with Extended Family

• The Changing Family Dynamic

• Travelling

• Moving Your Home’s Location

• Future “Dispute Resolution” Methods

The financial issues after Separation to be addressed may include:

Child Financial Support

• Determine Income of Each Parent

• Monthly Child Support Amount

• Application of Child Support Guidelines

• Extra Contribution to certain expenses (childcare, education, medical, dental, extracurricular activities, Post Secondary expenses)

• Tax Consequences Considered

• Schedule and Method of payments

• Security for Child Support

• Potential Contributions to a Child’s RESP

• Disclosure

• Annual Review

• Estate Planning

Spousal Post-Separation Financial Support

• Entitlement

• Need for Support and Means to contribute support

• Overall Family Budget (Past, Current & Future)

• Application of Spousal Support Advisory Guidelines

• Periodic Payments or a Lump Sum Payment

• Compensation Factors to consider

• Assess Financial Interdependence

• Self-Sufficiency

• Security For Spousal Support

• Quantum and Duration, Termination Date

• Tax Consequences

• Schedule and Method of Payments

• Ongoing Disclosure

• Annual Review

• Estate Planning

Property

• Determine specific values for Each Party’s Assets and Liabilities at Date of Separation

• Determine specific values for Assets and Liabilities at Date of Marriage

• Disclosure and Documentary Verification

• Expert Valuation Reports (all Pensions, Business, Stocks and Bonds, R.R.S.P.’s, Trust Property)

• Canada Pension Plan Division

• Assess whether any property is “excluded” as per the Ontario Family Law Act

• Complete calculation of net family property of each party and the equalization of net family property between the former spouses

• How Equalization Payment will be paid

• Consider Tax Issues

• Valuation and Division of Joint Assets

• Sale of jointly owned “Matrimonial Home” or the "Spousal Buyout" of the other partner's ownership interest

• Temporary property arrangements pending final resolution

• Division of Household Contents