Paths to resolving a family law separation
Experiencing a separation is never easy. When a relationship breaks down, there are many issues that need to be resolved, such as deciding whether the family home will be sold or bought out by one party, dividing or “equalizing” the family property, setting a parenting schedule for the child…
View the post titled Paths to resolving a family law separationHow does a second family impact child support?
After a separation, it is not uncommon for one or both spouses to move on to a new romantic relationship, have new biological children or take on the role of a step-parent. This is sometimes referred to as a “second family”. Having a second family can create new financial obligations, and th…
View the post titled How does a second family impact child support?Can I get a divorce during the COVID-19 pandemic?
It’s been a long month of social distancing. I mean – wow – this is the most time I have spent with my spouse since … ever! I can appreciate why many couples who were already struggling with relationship dysfunction, or were desiring a separation, may be feeling over the edge now. Of course,…
View the post titled Can I get a divorce during the COVID-19 pandemic?Should I send my child for access during the COVID-19 pandemic?
These are unprecedented times. As I write this article, Canada has 3,385 confirmed cases of the novel coronavirus COVID-19, and as you read this article that number is bound to be higher – perhaps exponentially higher. All non-urgent matters in the Ontario courts have been suspended, w…
View the post titled Should I send my child for access during the COVID-19 pandemic?What is “shared custody” and how is it calculated?
In family law, the term “custody” usually means decision-making. Having “custody” means having the ultimate decision-making power over important decisions regarding the child, such as what child the school will attend, what religion the child will be raised in, what major recreational activ…
View the post titled What is “shared custody” and how is it calculated?Are gifts “income” for support purposes?
In a previous article, I set out a list of common situations wherein a court may impute income to a support payor, as set out in the Child Support Guidelines. One situation not specifically included in that list is the situation of “gifts”, which are non-taxable payments that do not appear o…
View the post titled Are gifts “income” for support purposes?Imputing Income in Family Law
Before a lawyer or judge can determine an appropriate amount of support for a person to pay, it is necessary to first determine the support payor’s income. Sometimes this is easy – if you are an employee, with no complicating factors, your income is accurately reflected on line 150 of your i…
View the post titled Imputing Income in Family LawHow Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?
When a personal injury matter settles, there are two primary ways the settlement can be paid out for an adult claimant: a lump sum cash payment, or a structured settlement. A structured settlement is created when some or all of a personal injury settlement is deposited with a life insurance …
View the post titled How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”
In a recent decision, Hunks v Hunks, 2017 ONCA 247, the Court of Appeal ruled that structured settlement payments received after separation to replace lost wages should be classified as “income” not “property” for the purpose of calculating equalization and support. I…
View the post titled Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”Where Can I Bring My Family Law Application?
Before you issue an Application for relief in family law, you first need to determine the appropriate municipality in which to bring your Application. This article deals with choosing the appropriate municipality within Ontario. For a determination of whether or not Ontario should assume jur…
View the post titled Where Can I Bring My Family Law Application?Receive Blog Posts
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