Did you know you can potentially set up, or adjust, child support payments online, without having to endure the Family Court process? How it works To set up or update child support online, you and the other parent or caregiver may have to provide your income information. It is used to calculate the amount of […]
When legally married spouses separate with no reasonable prospect that they will resume cohabitation, the spouse whose net, financial worth is less than the other is likely entitled to an “equalization” payment. An equalization payment is intended to balance and account for the inherent joint responsibilities, whether financial or otherwise, the spouses shared during the
RELATIONSHIP BREAKDOWN – A MARRIED SPOUSE'S RIGHT TO "EQUALIZATION" MONEY – THE BASICS. Read More »
There has been a very important development in Ontario privacy law recently, further protecting an individual’s protection from online attacks and predatory behaviour. In this family law case, the father had posted on social medial negative and highly personal information about the children at issue, in addition to engaging in a social media-driven smear campaign
Periodically I am appointed by the Superior Court (or the Ontario Public Guardian and Trustee) to act for the interests of an incapable person, who needs representation and support. Often this arises in disputes among family members over the incapable person’s power of attorney for either property or personal care, or both. This is a
Decisions regarding custody and access have an immense impact on the best interests of the child. In order to ensure that the best interests of the child are met, there are three commonly employed methods of incorporating a child’s views and preferences into the judicial process. Representation of the child by a lawyer is perhaps
DOES YOUR CHILD’S VOICE MATTER IN YOUR FAMILY LAW DISPUTE? Read More »
No party in a Family Court case should presume he or she will be awarded his or her costs for the case. Generally, costs are only addressed by the Family Court at the end of the case, when the issues are decided on a final basis by either the Court or by settlement between the
FAMILY COURT – DON'T ASSUME YOU WILL GET YOUR LEGAL EXPENSES BACK – THE RULES: Read More »
If you are living common law, or hoping to do so, here are a few tips you should consider in terms of your relationship and what happens if it breaks down: Generally, you will be considered to be common law if you and your partner reside together for three years or more, or if you
LIVING COMMON LAW? A FEW TIPS YOU SHOULD CONSIDER. SURPRISE! Read More »
Everybody should have an estate plan namely, a Will and powers of attorney, at least. What happens to your existing plan if you marry or separate/divorce? If you marry, you will (perhaps unwittingly) revoke your Will automatically in Ontario, unless your existing Will specifically says that you made it in contemplation of marriage. Therefore, if you
On marriage breakdown (not relationship breakdown), a key area of confusion and uncertainty for many separated spouses is what happens to the matrimonial home. Only married spouses can own or occupy a matrimonial home common law spouses cannot do so (Family Law Act). Matrimonial home is defined by section 18 of Ontario’s Family Law Act:
MARRIAGE BREAKDOWN – WHAT WILL HAPPEN TO OUR HOME? Read More »
In Ontario, grandparents face a challenge when they are denied access to their grandchildren. A new Ontario case Nicholas v. Herdman (2015) is a case in point. This case mostly affirms the traditional approach of the law to grandparents seeking time with their grandchildren. Here, their granddaughter was two years old. The parents would not
DENYING ACCESS TO A GRANDPARENT – AUTONOMY, YES, BUT NOT ARBITRARY Read More »
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