The Law Says Adultery Does Not Affect a Divorce, But That’s Not Always True

When one spouse has an extra-marital affair (or any sort of affair outside of a committed relationship), it can be devastating for the other spouse. It can reflect a betrayal, a lack aof honesty and questionable judgment. The innocent spouse feels a lot of emotion. Those emotions can include anger, and strong desire for justice to correct the wrong that was done to them. But then they hear that Canada has “no-fault” divorce and the affair does not affect what orders a family court judge will make. None of the laws permit any sort of adjustment to the compensation because of an affair. Is that true?

Well, it depends. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains when and how an affair can have an impact in Family Court, and when it does not. Check out the video version of this episode on YouTube.

If you found this episode helpful, check out these episodes on similar topics:

99. When Can You Throw Out Your Ex?

96. If I Let My Partner Move In, Will They Get My House?

91. Should One Spouse Leave the House on Separation?

85. 4 Things That Everyone Gets Wrong about Divorce Law

81. ⁠⁠⁠Can Separated Parents Agree to No Child Support?⁠

80. When Can I Throw Out My Ex’s Stuff?

79. What Am I Legally Required To Do First After Separating?

60. Should You Take Your Ex to Family Court?

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN: website: www.schumanlaw.ca email: john@schumanlaw.ca phone: 647-342-6775

Child support is the part of divorce and family law that many people hate the most. Since, in Canada, monthly child support is based entirely on the payer’s income, it might seem logical that a parent can reduce his or her child support obligation by reducing his or her income. However, even people who have legitimate losses of income can find it difficult to reduce their support obligations. The same principals apply to spousal support.

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, covers why intentionally reducing income will not lower support… and how those rules can even affect people who have lost their job or had other income losses through no fault of their own.

A video version of this podcast is available of YouTube.

If you found this episode helpful, check out these episodes on similar topics:

98. 7 Big Costly Child Support Mistakes

90. ⁠⁠5 Family Law Fails⁠⁠

89. ⁠⁠⁠Is Child Support Ever Too Much? ⁠

81. ⁠⁠⁠Can Separated Parents Agree to No Child Support?⁠⁠

76. ⁠⁠⁠Why Your Income for Taxes May Not Be Your Income for Child Support (or Spousal Support)⁠

66.. ⁠⁠⁠⁠⁠How to Change Child Support⁠

54. ⁠Child Support Does Not End at Age 18⁠⁠

53. ⁠How to Pay Less Child Support

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

Phone: 1-647-342-6775

Email: John@schumanlaw.ca

Web: www.schumanlaw.ca

The implications of child custody decisions are far-reaching and can significantly impact the lives of both children and parents. It is important not to make mistakes, especially when parenting matters are before a court, arbitrator or a professional parenting assessor. Since the stakes are so high for both parents and children, this episode of the Ontario Family Law Podcast looks at some big mistakes that parents often make, but can easily avoid. If you are in family court over your kids, or worry that you may be, this will be an extremely important episode for you.

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains eight big mistakes that people make in child custody or parenting cases. Those mistakes are:

1. Using the term “child custody”

2. Putting the parents interests first

3. Ignoring the Best Interests Legal Test

4. Assuming being a parent gives you a right to the kids

5. Being unsupportive of the children’s relationship with the other parent

6. Saying a child should decide what relationship to have with each parent Contents:

7. Inconsistent or unreliable behaviour

8. Being careless on social media and messages.

If you found this episode helpful, check out these episodes on similar topics:

101. ⁠What Happens At Parental Alienation Treatment Programs According to Courtroom Testimony⁠

100. ⁠⁠Why Hearing from Kids in Divorce is Important and DANGEROUS!⁠⁠

78. ⁠⁠⁠The Rights of Grandparents and other family Members to See Kids⁠⁠⁠

75. ⁠⁠⁠When Can You Legally Stop Your Ex From Seeing the Kids?⁠⁠⁠

61. ⁠⁠⁠Can You Move With the Kids After Separation or Divorce?⁠⁠⁠

59. ⁠⁠⁠Why You Won’t Get Custody of Your Kids⁠⁠

38. ⁠Ontario Private Schools, Standards and Education Law⁠

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:

Phone: 1-647-342-6775

Email: John@schumanlaw.ca

Web: www.schumanlaw.ca

From the comments and requests of followers, it seems that a lot of separated parents have difficulty getting information about their kids - whether it be from schools, or health care providers or in relation to activities or from other agencies that are involved in kids’ lives. This is a question that I am asked a lot. Those followers have come up with complex applications of several laws to access information. Getting information about your kids after separation should not be that hard. Difficulty getting that information may be an indication of parental alienation. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, ⁠John Schuman⁠, explains how parents can use the law to make sure that get important information about their kids. He goes over the general family law provisions that should get parents the information they need. John looks specifically at the rules around obtaining information about children’s education and explains how things get more complicated when a child turns 18. He also goes over health information and explains how getting that type of information is subject to different considerations. In doing so, he points out the legal authorities that parents need to know. If you found this episode helpful, check out these episodes on similar topics: 101. https://youtu.be/At_40O5K9lE 100. https://youtu.be/PpMQsUgj-fk 79. https://youtu.be/lTWqEUvz6GM 78. https://youtu.be/b-YoAMcHj6s 75. https://youtu.be/qhDb9Gxa2wo 74. https://youtu.be/WnRRYHWhGv8 61. https://youtu.be/-wsOQ4Y5O8M 59. https://youtu.be/uHtqHpJaSzI 38. https://youtu.be/T8HHEciO1oo

When parents are cut off from their kids after separation, or have serious relationship problems with them, they might ask Family Court Judges to fix to fix the problem by ordering an “alienation workshop.” Those programs promise to fix the problem in a few days. However, several jurisdictions have banned parental alienation workshops. The reasons relate to what happens at those programs, and sometimes that they can perpetuate family violence. The treatment protocols of these programs are trade secrets and so the program providers do not publish exactly what they do.

But, In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, reveals what, through litigating parental alienation cases, he saw program providers testify. He has obtained the transcripts of what they said. In this episode he plays those transcripts so parents can find out exactly what happens at parental alienation treatment programs.

Watch the video version of this episode on YouTube. If you found this episode helpful, check out these episodes on similar topics: 100. Why Hearing from Kids in Divorce is Important and DANGEROUS! 78. ⁠The Rights of Grandparents and other family Members to See Kids⁠ 75. ⁠When Can You Legally Stop Your Ex From Seeing the Kids?⁠ 74. ⁠Travelling with Kids After Seperation⁠ 61. ⁠Can You Move With the Kids After Separation or Divorce?⁠ 59. ⁠Why You Won't Get Custody of Your Kids

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠⁠⁠9.99 Kindle eBook⁠⁠⁠⁠ , or as an ⁠⁠⁠⁠Apple Book for your iPad or iPhone ⁠⁠⁠⁠. Also, you can get it as a ⁠⁠⁠⁠paperback or hard cover from Amazon⁠⁠⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN: website: www.schumanlaw.ca email: john@schumanlaw.ca Phone: 647-352-6775

When parents separate, particularly when there is a lot of conflict, it is common for one parent to say that it is important to listen to what the kids want. That parent wants the other parent, or a judge or arbitrator, to listen to the opinion of the children when setting up parenting arrangements after separation. The UN Convention on the Rights of the Child requires that children be heard in matters that affect them. But, insisting that the other parent, a judge or any other authority listen to the children is one of the most dangerous things that a parent can do. In some circumstances, judges view a parent making that request as evidence that parent should not be caring for the children at all. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman explains why listening to what kids want in the separation and divorce process is a complicated issue. He explains why what kids have to say on child custody issues can be important, but asking them what child custody or parenting arrangements should be after separation is both dangerous in court and harmful to the child. There are some things that judge, arbitrators and parenting mediators want to hear the children's perspective on, and some others things that indicate parental alienation or child abuse. Listening to kids in divorce is both important and dangerous. This video gives crucial legal tips on how to navigate the perils of hearing from children on child custody and parenting issues. Check out the video version on YouTube.

See the Everclear video here.

If you found this episode helpful, check out these episodes on similar topics: 79. What Am I Legally Required To Do First After Separating? 78. The Rights of Grandparents and other family Members to See Kids 75. When Can You Legally Stop Your Ex From Seeing the Kids? 74. Travelling with Kids After Seperation 61. Can You Move With the Kids After Separation or Divorce? 59. Why You Won't Get Custody of Your Kids The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠⁠9.99 Kindle eBook⁠⁠⁠ , or as an ⁠⁠⁠Apple Book for your iPad or iPhone ⁠⁠⁠. Also, you can get it as a ⁠⁠⁠paperback or hard cover from Amazon⁠⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN: website: www.schumanlaw.ca email: john@schumanlaw.ca Phone: 647-352-6775

What happens if spouses separate – their relationship is over - but one spouse refuses to move out? There can be a lot of tension, maybe even violence because of the bad feelings and conflict in the home. Nobody wants to keep living with an ex. Moving out can cause legal problems for the spouse that leaves, so both spouses may want to stay in the house. That's a bad situation. So, in this episode of the Ontario Family Law Podcast, Certified Specialist, John Schuman explains when can one spouse can just toss the other one out. A ⁠video version of this episode is available on Youtube⁠.

WARNING - THIS EPISODE CONTAINS DISCUSSION OF FAMILY VIOLENCE If you found this episode helpful, check out these episodes on similar topics: 96. https://youtu.be/LIWar4J_vO8 91. ⁠Should One Spouse Leave the House on Separation? ⁠ 88. ⁠Can You Be Legally Separated and Not Know It? 80. When Can I Throw Out My Ex's Stuff? 79. What Am I Legally Required To Do First After Separating? ⁠⁠⁠ 75. When Can You Legally Stop Your Ex From Seeing the Kids?

63. What Can You Do With a Marriage Contract? 42. How to Get a “Legal Separation” in Ontario The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠⁠9.99 Kindle eBook⁠⁠⁠ , or as an ⁠⁠⁠Apple Book for your iPad or iPhone ⁠⁠⁠. Also, you can get it as a ⁠⁠⁠paperback or hard cover from Amazon⁠⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN: website: www.schumanlaw.ca email: john@schumanlaw.ca Phone: 647-352-6775

The Child Support Guidelines was supposed to make child support easy, predictable and fair. They are supposed to result in separated parents spending as much o their kids as they would if the family was together. Yet, child support remains very controversial. Often that is because people get chid support wrong. So, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains seven common child support mistakes that cost people big - and how to avoid them.

This episode covers how to calculate base child support and when that may be different from what people expect. Also, it explains contributions to section 7 expenses. On addition, it also goes over what is, and is not, a proper section 7 expense. Finally, it covers some important tax considerations for child support.

If you found this episode helpful, check out these episodes on similar topics:

90. ⁠5 Family Law Fails⁠

89. ⁠⁠Is Child Support Ever Too Much?

81. ⁠⁠Can Separated Parents Agree to No Child Support?⁠

76. ⁠⁠Why Your Income for Taxes May Not Be Your Income for Child Support (or Spousal Support)

66.. ⁠⁠How to Change Child Support

54. Child Support Does Not End at Age 18⁠

53. How to Pay Less Child Support

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $⁠⁠9.99 Kindle eBook⁠⁠ , or as an ⁠⁠Apple Book for your iPad or iPhone ⁠⁠. Also, you can get it as a ⁠⁠paperback or hard cover from Amazon⁠⁠ or at better bookstores.

TO CONTACT JOHN SCHUMAN:website: www.schumanlaw.caemail: john@schumanlaw.ca Phone: 416-446-5080