Episodes

  • Why Hearing from Kids in Divorce is Important and DANGEROUS!
    Nov 9 2024

    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

    Show more Show less
    12 mins
  • When Can You Throw Out Your Ex?
    Aug 25 2024

    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

    Show more Show less
    8 mins
  • 7 Big Costly Child Support Mistakes
    Aug 22 2024

    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.ca email: john@schumanlaw.ca Phone: 416-446-5080

    Show more Show less
    11 mins
  • Do You Really Need a Prenup (Marriage Contract or Cohabitation Agreement)?
    Aug 1 2024

    Considering moving in with someone? Or getting married? There is lots of advice out there that you really should get a cohabitation agreement or marriage contract. But, that sounds really unromantic. Is it really necessary? For some people, having a cohabitation agreement results in a more steady, predictable and long-lasting relationship. For others, it can result in savings of hundreds of thousands, if not millions of dollars – and also avoids a lot of bitterness about how family law works. For others, a cohabitation agreement does nothing. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what cohabitation agreements can do, and when they make enough sense to get one despite how unromantic they seem. He also says when they make no sense, so there is no need to kill the mood.


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

    96. If You Let Your Partner Move In, Will They Get Your House? 93. ⁠How to Lose Assets in a Divorce⁠ 92. ⁠How to Protect Your Assets in a Marriage or Relationship⁠ 63. ⁠What Can You Do With a Marriage Contract?⁠ 42. ⁠How to Get a Legal Separation in Ontario?⁠

    30. Spousal Support Entitlement


    Check out the video version of ⁠this episode on YouTube⁠.

    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 ⁠. You can also 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: 416-446-5080

    Show more Show less
    9 mins
  • If You Let Your Partner Move In, Will They Get Your House?
    Aug 1 2024

    One of the most cost common family lawyer questions is: “If I let my partner move in with me, will her or she get half of my home?” Or, put another way, "Does living common law mean giving up half your house?" Unfortunately, this is another one of those times when a lawyer is going to tell you “It depends.” The Ontario Family Law Statutes were written so that there was a quick simple straightforward answer. And then judges made it complicated. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains whether letting your partner live common law means giving your him or her half of your stuff. If you found this episode helpful, check out these episodes on similar topics: 93. How to Lose Assets in a Divorce 92. How to Protect Your Assets in a Marriage or Relationship 91. Should One Spouse Leave the House on Separation? 88. Can You Be Legally Separated and Not Know It? 63. What Can You Do With a Marriage Contract? 42. How to Get a Legal Separation in Ontario?

    Check out the video version of this episode on YouTube.

    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 . You can also 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: 416-446-5080

    Show more Show less
    10 mins
  • Where should You Get Divorced
    May 19 2024

    When separated spouses live in different countries or provinces, they may wonder where the best place would be to get divorced. Where the separated spouses now live in different places, it may be possible to chose where the divorce will occur. Different jurisdictions have different laws. Often it can be more advantageous for one spouse to get divorced in one jurisdiction over another. To answer the question of a follower, Certified Specialist in Family Law, John Schuman, discuss the considerations in deciding where to get divorced. He answers questions like: 1. When can a married couple can chose different places to get divorced? 2. If someone gets divorced outside Canada, will Canada recognize the divorce as valid? 3. How does someone determine where would be best to get a divorce? 4. If the spouse cannot agree, how will courts decide where the divorce will happen? 5. How does the place of divorce affect issues like child support, spousal support, property division and parenting? If you found this episode helpful, check out these episodes on similar topics: 55. Can You Get Divorced in Canada? 67. How Long Does it Take to Get an Ontario Divorce? 89. Can Child Support Be Reduced for High Income Earners? 72. Why Might a Judge Refuse an Ontario Divorce? 75. When Can You Legally Stop Your Ex from Seeing the Kids? 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 $8.99 Kindle eBook, or as an Apple Book for your iPad or iPhone. You can also get it as a paper back or hardcover on Amazon at better bookstores. TO CONTACT JOHN SCHUMAN: website: www.schumanlaw.ca email: john@schumanlaw.ca Phone: 416-446-5080

    Show more Show less
    12 mins
  • What Happens at Your First Time in Family Court in Ontario
    Mar 15 2024

    Most people have no idea what goes on in Family Court. They can be very afraid to go there. And for good reason. There can be a lot at stake. Judges on TV can seem intimidating, or even mean. That judge can make some important decisions that will impact the lives of separated spouses and parents for ever. However, people find Family Court a lot easier if they know what to expect and things work out better when they know what to do and what not to do. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman goes what happens the first time separated spouses or parents go to Family Court. The first time before a judge, called a case conference, is very different from what many people expect. He also explains what you should do, and what you should not do, to make the appearance go your way. This information, also will separated spouses and parents decide whether to go to Family Court, or use another method to resolve their differences. A video version of this podcast episode is available on YouTube. If you found this episode helpful, check out these episodes on similar topics: 83. Family Law Strategies That Fail: 79. ⁠⁠⁠⁠What Am I Legally Required To Do First After Separating? ⁠⁠⁠⁠ 77. What Happens if You Breach a Family Court Order 60. Should You Take Your Ex to Family Court?⁠⁠ 59. ⁠⁠⁠⁠Why You Won’t Get Custody of the Kids⁠⁠⁠⁠ 41. How to Prepare for Family Mediation 36. ⁠⁠⁠⁠Is Family Court Biased? ⁠⁠⁠⁠ 35. Keeping parenting matters out of court 34. Disclosure in Family Law Cases: 15. Family Court Step-By-Step Part 2: From the First Appearance to the Last Appearance Before Trial

    14. Family Court Step-By-Step Part 1: Starting Court Proceedings 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 $8.99 Kindle eBook. https://www.amazon.ca/dp/B0CN8WWYHD, or as an Apple Book for your iPad or iPhone . You can also 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: 416-446-5080


    Show more Show less
    13 mins
  • How to Lose Your Assets in a Divorce or Separation
    Feb 15 2024

    Many people are very concerned about losing their assets to a partner or spouse when they separate. It’s a big concern. In episode, number 92, Certified Specialist in Family Law, John Schuman, went over some strategies that people can use to protect their assets during a relationship or when separated. Unfortunately, some times, there is no way to protect assets. However, there are still ways to lose them, unnecessarily, when separating from a spouse. So, in this episode of the Ontario Family Law Podcast, John Schuman explains the preventable ways losing assets. This is an important episode for anyone separating who has assets. It will help avoid making the mistakes that lead to unnecessarily losing wealth. A video version of ⁠this episode is available on YouTube⁠.

    If you found this episode helpful, check out these other episodes:

    92. How to Protect Your Assets in a Relationship or Marriage

    85. ⁠⁠Four Things Everyone Gets Wrong About Divorce Law⁠⁠

    83. ⁠⁠Family Law Strategies That Fail... and Tips to Succeed⁠⁠

    82. ⁠⁠Mistakes People Make Doing Their Own Separation Agreement⁠⁠

    81. ⁠⁠Can Separated Parents Agree to No Child Support?⁠⁠

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

    71. ⁠⁠⁠The Impact of the Crazy Real Estate Market on Separation & Divorce⁠⁠⁠

    60. ⁠⁠⁠Should I Take My Ex to Family Court?⁠⁠⁠

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

    53. ⁠⁠⁠How to Pay Less Child Support⁠⁠⁠

    40. ⁠⁠⁠How to Keep Your Money in Divorce and Separation ⁠⁠⁠

    36. ⁠⁠⁠Is Family Court Biased? ⁠⁠⁠

    The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: http://www.schumanlaw.ca/family-law-guide.html

    TO CONTACT JOHN SCHUMAN:

    website: www.schumanlaw.ca

    email: john@schumanlaw.ca

    Phone: 416-446-5080

    Show more Show less
    12 mins