Leo Mongillo Law in Toronto, ON

Leo Mongillo Law Professional Corporation is a boutique law firm located in Richmond Hill, Ontario. As a smaller firm, our clients get an individual, client-focused approach. We offer flexible appointments based on your schedule, including outside of regular business hours and on weekends. With a dedicated team of family law professionals, each client receives a unique plan to achieve their goals and protect their interests. Leo Mongillo is the principal lawyer at Mongillo Law and has over 20 years of experience in family law. Leonardo was a student and then an associate lawyer with a downtown Toronto boutique family law firm from 1999 until 2015 when he opened his own practice. In particular, he assisted clients in high conflict divorce cases. He is certified to practice Collaborative Family Law and has proficiently represented clients through the Collaborative law process in the Greater Toronto Area.

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Leo Mongillo - What Happens When a Person Refuses to Pay Spouse or Child Support?

If a court passes an order for family support, it becomes legally enforceable. Support payment is also enforceable if there is a written agreement. The person receiving the support can approach the court in case of non-compliance. The court will take measures to ensure the payment of the support amount. The issue of non-payment can get emotionally and physically exhausting. A family attorney can do the paperwork and approach the court on behalf of his client. Child support and child parenting are two different issues. The paying spouse cannot stop paying support even if he cannot meet his child. The governments use many laws to enforce the payment of family support. According to Leo Mongillo the following measures ensure that the person pays dues on time:

Seizing of Payments to be Received from the Government: In the case of non-compliance with the order to pay support, the government can withhold any amount the person has to get from the government. The government can use Income tax refunds and insurance benefits to pay spousal and child support. The government will deduct a part of the employee’s salary or contractor’s payment to pay for the support that the person owes. The government can also withhold pension partly to clear family support dues.

Suspension of Passports and Licenses: The government has the right to cancel licenses and suspend passports of people who fail to pay family support. The government takes this step only if the person fails to pay more than three installments. An amount adding up to more than three thousand dollars can also lead to the cancellation of a passport. The person has to submit his passport and license within the stipulated time mentioned in the notice. The government cannot cancel the suspension without an order from the maintenance enforcement program. It is the last resort. 

Other Enforcement Laws: The laws are different in different states. The government may levy a fine over and above the due amount. Sometimes the person may have to serve time in jail.

In some cases, the person might stop paying family support because of changes in their lives. They might have a new family to support, or an illness might force them to stop paying family support. The person can get changes made in the family support order. The government or the maintenance enforcement does not have the right to change the payment order. Only a judge can change the amount of family support after considering all the circumstances before a decision. The former partners can also agree and approach the court for consent. In the case of a former written agreement between the two parties, they may mutually agree to change the amount of support. They are bound to inform the court and the enforcement agencies. Failure to intimate the authorities may lead to enforcement of the old amount.

There are many laws regarding receiving and paying family support. Things can get technical and confusing. A family lawyer will help with all the required paperwork and formalities. Mongillo law firm helps its clients in receiving their dues. They provide undivided attention to each of their clients.

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Leo Mongillo Helps Women Understand Their Reproductive Rights

Reproductive rights include birth control, abortion, sex education, the right to start a family, etc. Everybody must be aware of their rights. Reproductive is the right given to a person about reproduction and their health concerning reproduction. Reproductive right is a sensitive issue. People oppose abortion in the name of religion and morality. It is up to the individual to decide what is good for her. The defenders and opponents of abortion have two different beliefs. The defenders believe that the choice to give birth lies only in the hands of the person having the child. The opponents believe that the unborn fetus is a living being and one cannot simply abort it. In the current times, federal law gives the right of abortion to the women having the child. She may choose to have the baby or terminate the pregnancy.

Reasons to Support Reproductive Rights:

They are Fundamental Human Rights:

Reproductive laws are a part of human rights available to all citizens. Modern women are aware of their rights. She needs access to contraceptives but does not get it. The opponents have attacked the whole system making it difficult for women to access contraceptives and clinics and hospitals to help them terminate an unwanted pregnancy. Women should be able to make a decision that is right for them.

Most Pregnancies around the World are Unplanned:

Studies show a rising trend in the cases of unplanned pregnancies. Women can decide what is good for them. The population hike is a global problem. It is necessary to slow down the growth of the population by taking the required steps. It is vital for maintaining an ecological balance. This is possible when everybody has access to education.

Access to Contraception the Risk of Unplanned Pregnancies:

Women have a variety of contraception methods that they can choose. They can find the one best suitable for them. With access to contraception, the number of unplanned pregnancies reduces. The women can choose from single-use contraceptives like a condom or long-term contraceptives like IUD (Intra Uterine Devices).

We Should Step up to Avoid Extinction:

The area of the earth remains constant, but the number of people occupying it is increasing every second. Many species of animals have become endangered or extinct. Plants have also started becoming extinct. The plants and animals are a part of our food chain. With the food chain becoming smaller, it will be difficult to feed the world’s population. Women have a right to choose, smaller families that are sustainable. It will lead to a smaller size of the population.

Having a Child Changes The Whole Life of a Person:

Having a child is a life-changing decision. It is one of the most important decisions of a person’s life. The person should have the absolute authority to choose whether or not to have a child. A child brought into a loveless family is a future adult with health problems.

A family attorney can help the adult contest their right and represent a client in court Mongillo law firm specializes in family law. They provide their clients with appointments according to the client’s needs.

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Leo Mongillo - How Does a Parent Know Whether they are Eligible to Receive Child Support?

When couples separate, the child lives with one parent, and the other gets visitation rights. It is the right of the custodial parent to receive some amount of child support. The amount of child support is decided by mutual agreement or the court. The child support received is used for the day-to-day and medical expenses that the health insurance does not cover. The child support order given by the court becomes a legal obligation. The non-payment of child support amount can lead to penalization by the court. The parents can hire a family attorney to walk them through gaining and giving child support.

How can a parent know if they are eligible for child support?

The parent who has the primary custody of the child is called a custodial parent. The first requirement of receiving child support is that the parent must be a custodial parent. A custodial parent is the one with which the child stays for the maximum amount of time. The custodial parent takes care of the child’s education, well-being, social growth, etc. The custody is by the court or decided mutually. Being a custodial parent does not make one automatically eligible for child support. The points mentioned below are also necessary:

Establishing paternity is necessary when a mother seeks child support from the father.

The details of the other parent are vital. If the information is unknown, the parent can ask the court to locate the other parent.

The court will grant a child support order only if the parent approaches the court.

The court sometimes grants joint custody to both parents. In this case, the child spends time with both parents equally. If there is a big difference in the incomes of both parents, the court might ask one parent to support the other. The parent with a lesser income can ask for child support. If one of the parents was a stay-at-home parent during the marriage, they become entitled to receive child support.

When does child support end?

The states have different rules. Most states stop child support when the child reaches 18 years of age, moves to college, dies, or gets married. Both parents must be aware of the rules of the state. The court can order the parent to pay child support even beyond 18 years when necessary. The continuation of child support might be needed if the child has special needs or the child does not move of the house. The child support order does not end automatically. The parent making the payments must approach the court and request the court to stop the obligation.

Mongillo law firm specializes in the matters of family law. They can help their clients in divorce, separation, child support, custody, etc. Leonardo Mongillo is a certified collaborative lawyer. A collaborative lawyer aims at solving legal problems outside of court. The law firm ensures that its clients receive the maximum benefit possible.