Not necessarily. Many family law matters are resolved without any court involvement, through direct negotiation between lawyers, mediation, arbitration, or the collaborative process. Whether court becomes necessary depends on the nature of the issues in dispute and whether both parties are willing and able to reach agreement.

Child support in Ontario is calculated according to the Federal Child Support Guidelines, which set out amounts based on the paying parent’s gross annual income and the number of children. The amount is not discretionary. In most circumstances, it follows the applicable table for the province where the paying parent resides. Special and extraordinary expenses, such as childcare, medical costs, and extracurricular activities, may be shared on top of the table amount in proportion to each parent’s income. Existing child support orders can be reviewed and varied if there is a material change in circumstances, such as a significant change in income.

In Ontario, married and common law spouses have different legal rights on separation. Married spouses are entitled to an equalization of net family property under the Family Law Act, which means that the financial growth occurring during the marriage is divided equally. Common law partners generally retain the property in their own name unless a legal remedy, such as a constructive trust claim, is available.

Both married and common law partners may be entitled to spousal support, and child support obligations apply equally regardless of the nature of the relationship. Given these distinctions, understanding which framework applies to your situation is an important first step.

When you retain a family lawyer at Cohen Highley, you will be asked to sign a retainer agreement and provide an initial deposit, which is held in trust and applied against the fees and disbursements incurred as your matter progresses. Family law is billed on an hourly basis, and the total cost of your matter will depend on its complexity, the level of dispute between the parties, and how it is ultimately resolved. Your lawyer will discuss the fee structure with you at the outset and keep you informed as the file develops.