Family Law — Orr, Cabot, Crosbie, Oley Law

Jul 25

Things to Consider When Choosing a Family Lawyer

By OCCO Law Family Law

Choosing a family lawyer is one of the most important decisions you’ll make when navigating a separation, divorce, adoption, or any other issue impacting your family. It can feel overwhelming; with so much at stake emotionally and legally, you want to find someone you trust to guide and advocate for you. However, not all family lawyers are the same. This blog will help you understand the key factors to consider when selecting the right family lawyer to represent your interests and support you.

Experience With Family Law in Newfoundland and Labrador Matters

When it comes to family law, experience isn’t just a matter of years spent practicing law – it’s about deep expertise within this specific area. Family law is incredibly nuanced, with its own set of statutes, procedures, and ever-evolving case law. A lawyer who dabbles in family cases alongside criminal defence or civil litigation won’t have the same in-depth knowledge as a lawyer who lives and breathes family law daily.

Think of it this way: would you want a general surgeon performing heart surgery? Similarly, you want a family lawyer who has successfully handled cases with similar complexities as yours, whether it’s a high-conflict divorce, a unique custody situation, or complex assets like business interests. You want to have somebody familiar with the nuances of these specific situations.

Also, family courts often have their own specific rules and preferences for individual judges. An experienced family lawyer will be familiar with these nuances in your local jurisdiction, potentially influencing their strategy for your case. Experience translates into confidence and efficiency. A seasoned family lawyer will know the right moves to make to protect your interests without wasting time and resources.

Choose a Family Lawyer Who You Trust and Get Along With

Beyond legal expertise, feeling comfortable and understood by your family lawyer is paramount. Family law cases involve deeply personal and emotional issues. Do you feel heard when communicating with this lawyer? Do they explain legal complexities in a way you understand without being condescending?

Different lawyers have different styles. Some are incredibly assertive and blunt, which can be great if you’re facing a contentious battle. Others are naturally more collaborative and might be better if seeking an amicable resolution. Consider your own personality – do you want a tough-as-nails advocate or someone who will guide you towards compromise? There’s no right or wrong, but a mismatch in style can lead to frustration throughout the process.

Choose a Family Lawyer For Your Specific Needs

Every family law case is unique, so it’s crucial to identify your family law needs before meeting with potential lawyers. Consider these questions:

Custody Disputes: If child custody is a major concern, you need a lawyer with extensive experience in this area. Are you seeking sole custody or willing to explore joint arrangements? This impacts the type of lawyer you need.

Complex Finances: If you have significant assets, business interests, or complicated debts, a family lawyer well-versed in financial matters is essential.

High-Conflict Situations: Does your case have the potential for a protracted legal battle? Some lawyers thrive in an adversarial court setting, while others excel at negotiation. Be honest with yourself about the likely level of conflict.

Your Comfort Level: Do you need a lawyer who will patiently explain every step, or do you prefer someone more direct and action-oriented? Ask your potential family lawyer how they like to work and how they currently work with their clients.

Considering your priorities will help you target lawyers who specialize in the areas most important to you. Your family lawyer should be able to speak to your concerns and questions before working together; if they are unwilling to or are evasive, that’s an answer in and of itself.

Understand The Costs of Your Family Lawyer Before You Begin

Family law cases can be expensive, and it’s crucial to understand the associated fees from the beginning. This helps avoid unwelcome surprises and allows you to budget accordingly. Be upfront when discussing finances with potential lawyers. Ask if they bill hourly, offer flat fees for specific services, or require an upfront retainer.

Additionally, inquire about associated costs beyond direct legal fees. These might include court filing fees, the potential cost of expert witnesses (if necessary), or fees for services like mediation. Find out how the lawyer handles billing for these additional expenses and how they’ll inform you.

Don’t hesitate to discuss communication style and accessibility expectations. How often will the lawyer provide updates on your case? What’s their preferred method (written summaries, phone calls, etc.)? Are they readily available to answer questions, and does their communication style align with your preferences?

While family law cases can be unpredictable in terms of timeline, a lawyer should be able to provide an estimate based on their experience with similar cases. This allows you to manage your expectations and understand the potential duration of the process. A reputable lawyer welcomes these financial and logistical discussions. Remember, they’re also evaluating if you would be a good fit as a client.

Understand the Logistics of Working With Your Family Lawyer

While legal expertise is paramount, practical matters should be considered when choosing a family lawyer. Accessibility matters greatly. If their office location means a long commute for every meeting, consider the added stress, especially during an already difficult time. Does the lawyer offer virtual consultations for greater flexibility? This can be especially helpful if you have young children or a demanding work schedule. Additionally, virtual meetings can be helpful as your case progresses if you are based outside of St. John’s or work rotationally.

Furthermore, a family lawyer experienced in your local court system is a huge asset if your case is likely to head to court. They’ll understand the preferred procedures of specific judges and potentially even have working relationships with opposing counsel, which can sometimes facilitate smoother negotiations.

Remember to consider the value of convenience and familiarity. Choosing a lawyer who fits your logistical needs will make the entire process less stressful in the long run.

Looking for a Family Lawyer? We Can Help.

Choosing the right family lawyer is a decision that shouldn’t be rushed. Take the time to meet with some family lawyers and consider the factors outlined previously. Remember, you need a skilled legal expert and a trusted partner during this challenging time. Look for a lawyer with deep experience in family law, a communication style that suits you, and the ability to navigate your specific needs. Be upfront about costs and logistical expectations.

If you’re looking for a family lawyer in Newfoundland and Labrador to guide you through the legal complexities involved in your situation, the team at Orr Cabot Crosbie Oley Law is here to help. Contact us for a consultation to discuss your case and learn how we can work together to protect your interests and advocate for your future.

Jul 25

Love0

Benefits of Hiring a Divorce Lawyer

By OCCO Law Family Law

Divorce is a whirlwind of emotions and logistical challenges. While the temptation to handle it yourself to save money or avoid conflict might be strong, the complexities of divorce law often make this a risky path. This blog will explore the numerous benefits of hiring a divorce lawyer. From navigating legal complexities to safeguarding your rights, having an experienced lawyer by your side can make the process smoother and fairer and protect your long-term interests.

Navigating the Complex Legal Maze

Divorce involves a web of legal terminology and procedures that can feel overwhelming for those outside the legal profession. Terms like “equitable distribution,” “alimony,” and “visitation rights” aren’t part of everyday vocabulary, and understanding their implications for your unique situation is crucial. Laws regarding divorce vary between jurisdictions, and what seems like a straightforward issue might have hidden complexities. Court procedures are equally intricate, with strict rules about what evidence is admissible and how arguments must be presented. For a non-lawyer, navigating this alone can be frustrating and lead to costly missteps.

This is where a divorce lawyer becomes invaluable. They are not only familiar with the terminology but also how to interpret those laws as they apply to your individual case. They consider your income, assets, the length of the marriage, contributions of each spouse, and numerous other factors to provide a realistic picture of what you might be entitled to – or obligated to pay – under the law.

Protecting Your Financial Rights

Divorce often carries significant financial implications, making it critical to protect your rights. Dividing marital assets, determining spousal or partner support (alimony), and calculating child support are all areas fraught with potential pitfalls if handled incorrectly. Here’s how a divorce lawyer can be your champion in safeguarding your financial well-being:

Asset Division: Assets accumulated during the marriage are subject to equitable distribution, meaning a fair, not necessarily equal, division between spouses. This can encompass everything from real estate and vehicles to investments, retirement accounts, and business interests. A skilled divorce lawyer understands the intricacies of asset valuation, can uncover hidden assets that might otherwise be overlooked, and fights to ensure you receive a fair share.
Spousal or Partner Support (Alimony): Determining if you’re entitled to spousal support or obligated to pay it involves a complex analysis of various factors like income disparity, length of marriage, and pre separation and post separation standard of living . A lawyer can present a strong case for or against alimony based on your specific circumstances, ensuring the calculations are accurate and reflect your financial situation fairly.
Debt Management: Marital debts also need to be addressed during divorce. A lawyer can help negotiate the division of liabilities and ensure you’re not left responsible for a disproportionate share of the debt burden.

By expertly handling the financial aspects of divorce, a lawyer protects your current and future financial security. They can ensure you receive a fair share of marital assets, negotiate favourable spousal support terms (if applicable), and safeguard you from unfair debt allocation.

Safeguarding Your Children’s Wellbeing

When children are involved, divorce becomes more than just dissolving a marriage; you’re shaping their future. A divorce lawyer understands that custody and visitation arrangements must prioritize your child’s best interests including their emotional well-being and practical needs. They’ll help you develop or negotiate a parenting plan that fosters a safe and nurturing relationship with both parents whenever possible. Moreover, a family lawyer ensures that child support calculations adhere to the law and that the child’s financial needs are met, protecting their security during and after the transition.

Divorce Lawyers are Skilled Negotiators

Divorce proceedings often involve a high degree of conflict, especially in the early stages. Strong emotions can cloud judgment and hinder productive communication. A skilled divorce lawyer can become your voice of reason, negotiating calmly and strategically with the opposing party and their attorney.

The goal of negotiation is to reach mutually agreeable solutions on contentious issues, whether it’s the division of assets, a parenting plan, or spousal support. Your lawyer will be equipped with a thorough understanding of your goals and priorities, advocating strongly for those interests while seeking common ground.

With a skilled negotiator on your side, you increase the likelihood of reaching a fair settlement out of court. This can save you both time and money associated with lengthy court battles. Moreover, it allows for more control over the final outcome, contributing to a less stressful and more empowering divorce process.

Divorce Lawyers Can Help with the Emotional Burden of Divorce

Divorce is an emotional rollercoaster. Anger, sadness, and fear can cloud your judgment, making it easy to lose sight of long-term goals. You might be tempted to make concessions to end the conflict quickly or lash out in retaliation. A divorce lawyer provides more than legal guidance; they offer emotional support and objectivity. They understand what you’re going through and act as a stabilizing force. They can help you separate emotional reactions from the practical considerations of your case, ensuring you make sound decisions aligned with your rights and long-term well-being.

OCCO Law With You. For You.

Divorce is a complex and emotionally charged process. While going it alone may seem like an option, the numerous benefits of hiring a divorce lawyer outweigh the risks. From navigating legal complexities to safeguarding financial rights and protecting children’s well-being, a skilled divorce lawyer provides advocacy and objectivity throughout the journey. If you are contemplating divorce, don’t hesitate to contact the Family Law Team at Orr Cabot Crosbie Oley. Let us help you understand your options, protect your interests, and work towards a fair and favourable resolution.

Jul 25

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What are the Child Support Guidelines?

By OCCO Law Family Law

Navigating the world of child support after a separation or divorce can feel overwhelming. The good news is that Child Support is regulated via both Provincial and Federal legislation. This legislation aims to ensure all children receive the financial support they deserve, while keeping in mind their parents financial circumstances. In this blog, we’ll explain the Child Support Guidelines, how payments are determined and how parents can access the money they need to support their child or children.

What Are the Child Support Guidelines?

The Child Support Guidelines are a foundational legal framework for determining child support obligations. There are two different Child Support Guidelines:

The Federal Child Support Guidelines – which apply in the case of divorce; and,
The Newfoundland and Labrador Provincial Child Support Guidelines – which apply in the case of a common law separation.

The Federal Child Support Guideline and the Provincial Child Support Guideline (hereinafter referred to the “Guidelines”) mirror one another and provide a standardized approach to calculating child support.

Purpose of the Guidelines: The primary objectives of the Regulations are:

Consistency: To ensure equitable child support outcomes across similar family circumstances within Newfoundland and Labrador.
Efficiency: To establish clear parameters for calculating child support, thereby reducing the need for protracted litigation in many cases.
Accessing the Regulations: The full text of the Federal Child Support Guidelines is accessible through the Department of Justice Canada and the Newfoundland and Labrador Provincial Child Support Guidelines are accessible through Government of Newfoundland and Labrador.

How is Child Support Calculated in Newfoundland and Labrador?

The Guidelines are based on several factors and rely heavily on what are called Child Support Tables. These tables, including a specific one tailored to Newfoundland and Labrador, function as detailed charts that provide a starting point for child support calculations.

You’ll need three pieces of information to find the appropriate table amount. First, you’ll need the paying parent’s gross income, which refers to income before taxes and deductions. This amount is usually found in Line 150 of the paying parent’s Income Tax Return. Second, the number of children entitled to support. Third, you need the parenting agreed to by the Parties.

You can access the official Federal Child Support Table on the federal Department of Justice website and you can access the Newfoundland and Labrador Provincial Table through the Government of NL website.

Key Aspects of the NL Child Support Guidelines Regulations for Determining Child Support

Beyond the core calculation based on income and children, the Regulations include several vital aspects that parents need to understand. Let’s explore some of the most important:

Custody Arrangements: Whether one parent has sole custody or parents share custody can influence child support obligations. While the tables provide a baseline, the specifics of your custody agreement might lead to adjustments. This is where seeking advice from a family lawyer is often beneficial, as they can help you understand the interplay between custody and support in your case.
Special and Extraordinary Expenses (Section 7): The basic table amount only covers some of a child’s potential needs. Section 7 of the Regulations addresses “extraordinary expenses,” which may include costs like:
- Childcare expenses to allow a parent to work
- Medical and dental care not covered by insurance
- Educational programs or extracurricular activities
- Post-secondary education expenses

Typically, these section 7 expenses are shared by parents in proportion to their respective incomes and are paid in addition to child support.

Income Determination: Child support is based on the paying parent’s income, but determining what counts as “income” isn’t always straightforward. The Regulations outline which types of income are included (employment, business income, certain government benefits) and potential deductions (union dues). If the paying parent has a complex income situation (self-employment, fluctuating income, etc.), it’s wise to consult a family lawyer to ensure all financial aspects are considered fairly.

It is important to note that the Child Support Guidelines offer a framework, but individual family circumstances may be complex. Seeking the guidance of a knowledgeable family lawyer can help you navigate the Guidelines to protect your child’s rights and best interests. Contacting the Family Law Team at Orr Cabot Crosbie Oley can help you understand your rights in calculating child support.

How to Get Child Support in Newfoundland and Labrador

If you are a parent seeking child support in Newfoundland and Labrador, you can take three primary paths. The best option for your situation will depend on your specific circumstances and your relationship with the other parent.

Firstly, you and the other parent can try to reach a child support agreement on your own. This agreement would outline the payment amount, frequency of child support payments, section 7 expenses and any other relevant details. If both parents agree, you can formalize this agreement through a written contract or seek a court order to make it legally enforceable.

Secondly, if an amicable agreement isn’t possible, you’ll need to obtain a court order for child support. This involves filing an application with Newfoundland and Labrador Courts. The Court will use the Child Support Guidelines Regulations to determine a fair payment amount.

Finally, Newfoundland and Labrador utilizes the Support Enforcement Agency (the “SEA”) . This SEA can assist in collecting and enforcing court-ordered child support payments. If the paying parent fails to make payments, the SEA has tools to intervene, such as seeking payment of child support directly from a person’s employer, or suspending a person’s driver’s license or passport until they begin paying.

It’s important to note that navigating legal processes and understanding your options can be complex. Consulting with a family lawyer in Newfoundland and Labrador is often advisable, as they can guide you through the appropriate channels and advocate for your child’s financial well-being.

Experienced Family Lawyers in St. John’s

The Child Support Guidelines provide a framework to ensure children receive the support they need. While the concepts involved may seem complex, remember the core principles: income, number of children, and the possibility for adjustments in special circumstances.

If you have questions or face a challenging child support situation, don’t hesitate to contact the Family Law Team at Orr Cabot Crosbie Oley Law. We can help you understand the Regulations, advocate for your child’s rights, and provide clarity during what is likely an already stressful time.

Jun 25

Love0

Can I Represent Myself in a Divorce? When a Lawyer is Essential.

By OCCO Law Family Law

Navigating a divorce is emotionally and logistically complex, and it’s natural to consider ways to save costs. You might wonder, “Can I represent myself in a divorce? Do I really need a lawyer?” While technically possible, self-representation in divorce often carries significant risks. There are certain situations where having an experienced divorce lawyer by your side is not just beneficial but truly essential.

Situations Where a Divorce Lawyer is Incredibly Beneficial

While some divorces proceed relatively smoothly, others become highly contentious. Disagreements over major issues like asset division, child custody, and spousal support can make the process far more complex. Additionally, there might be hidden financial factors or even false allegations as tensions rise. In these situations, having a skilled divorce lawyer is essential to protect your interests and navigate the complexities. Here are some key scenarios where expert legal guidance is crucial:

Contested Divorce: If you and your spouse can’t agree on major issues, a divorce lawyer will advocate for your rights and negotiate strategically to ensure a fair outcome.
Hidden Assets: Lawyers have investigative tools and financial knowledge to uncover assets a spouse might try to conceal, ensuring you receive what you are legally entitled to.
Complex Finances: Dividing assets like business interests, pensions, or investments requires specialized knowledge. A divorce lawyer safeguards your financial future, ensuring both legal and financial aspects are considered.
Prenuptial or Separation Agreements: If you have an existing agreement, it’s important to have a lawyer review it. They may need to negotiate modifications to reflect the current circumstances of the divorce.
Tax Implications: Dividing assets and spousal support can have significant tax consequences. A knowledgeable lawyer can help you minimize potential tax liabilities.
Protecting Yourself from False Accusations: Unfortunately, contentious divorces can sometimes involve false accusations of abuse or misconduct. A lawyer helps you build a strong defence and protect your reputation.

Divorce Lawyers Protect Your Children

When children are involved, divorce becomes about far more than ending your marriage – it’s about shaping their future. A skilled divorce lawyer understands that custody and child support decisions must prioritize your child’s best interests, considering their emotional well-being and practical needs. They’ll help you develop or negotiate a parenting plan that fosters safe, nurturing relationships with both parents whenever possible.

Furthermore, they ensure child support calculations are performed correctly and adhere to legal guidelines, protecting your child’s financial security during and after the divorce.

Should circumstances change later, a lawyer becomes essential for modifying custody arrangements or support orders. Family dynamics evolve, and a lawyer helps ensure that the child’s changing needs remain at the forefront of any necessary adjustments.

The Risk of Representing Yourself in a Divorce

While the desire to save costs by representing yourself in a divorce is understandable, it’s important to weigh those potential savings against the genuine risks involved. Court procedures are intricate, and legal terminology is complex. A seemingly small error in paperwork or a missed deadline can have major consequences, leading to unnecessary delays, unfair outcomes, and potentially even higher costs in the long run.

Furthermore, without in-depth legal knowledge, you might unknowingly agree to terms that seem reasonable at the time but significantly disadvantage you down the road. Whether it’s an unfair division of assets or a poorly worded custody agreement, these concessions can be difficult to reverse later.

The emotional turmoil of divorce is immense. Adding the burden of navigating the legal system can be overwhelming. Without objective guidance, it’s easy to make impulsive decisions driven by anger, sadness, or fear rather than what truly serves your best interests in the long term. A skilled divorce lawyer offers legal expertise and acts as a stabilizing force amidst a difficult time.

Newfoundland and Labrador Divorce Lawyers Ready to Help

We understand that divorce is a challenging and emotional time. The decision to self-represent might seem initially appealing, but it often carries far more risks than rewards. From costly procedural errors to unknowingly agreeing to unfavourable terms, the potential consequences can impact your finances and well-being for years to come. If you are considering a divorce and live in Newfoundland and Labrador, let the experienced team at Orr Cabot Crosbie Oley Law be your advocate. We understand the intricacies of Newfoundland and Labrador family law. Contact us for a consultation to discuss your situation, explore your legal options, and start building a strategy that protects your rights and future.