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…Continue reading 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…Continue reading 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…Continue reading the post titled Imputing Income in Family Law
The All Families Are Equal Act
On January 1, 2017 Ontario enacted the All Families Are Equal Act (the “Act”). The legislation amends several existing Acts, including the Children’s Law Reform Act, to establish new rules related to parentage, with the goal to ensure equal treatment for all parents, no matter their sexual o…Continue reading the post titled The All Families Are Equal Act
In the Family Law Context: Custody and Guardianship of a Minor’s Property
Frequently I meet with clients who inquire about having a Will prepared, given their separation. They express concerns about their child(ren)’s future in the event something happens to them now that they are separated. The typical client may ask about what happens to “custody” of their chi…Continue reading the post titled In the Family Law Context: Custody and Guardianship of a Minor’s Property
Changes to the Child, Youth and Family Services Act (CYFSA)
A change has occurred this year in Ontario which impacts the delivery of child welfare services to children, youth and families. The Child, Youth and Family Services Act (CYFSA) came into force on April 30, 2018, with Part X scheduled to come into force in January 2020. The Child, Youth and …Continue reading the post titled Changes to the Child, Youth and Family Services Act (CYFSA)
Marriage: Divorce or Annulment in Family Law?
I recently spoke to someone who had legally married a few months prior. This person explained that once married, she and her new spouse did not live together as husband and wife. They did not consummate their legal union; meaning they did not have sexual intercourse after they married. Th…Continue reading the post titled Marriage: Divorce or Annulment in Family Law?
‘Predator’ Spouse, Take Note of Hunt v. Worrod
Predatory marriages have drawn a lot of attention in recent years. They are believed to be on the rise. For families with single, elderly family members, this phenomenon is alarming. For Ontario’s estate litigators, the governing legal principles are infuriating. Too often in the past, the p…Continue reading the post titled ‘Predator’ Spouse, Take Note of Hunt v. Worrod
Financial Exploitation and Elder Abuse
What is Elder Abuse?  Several millennia have passed since, according to the Book of Genesis, Jacob and his mother, Rebecca, conspired to trick Isaac who was, according to biblical scholars, by then an ailing and blind 130 year old man. They tricked him into believing that Jacob was his br…Continue reading the post titled Financial Exploitation and Elder Abuse
How 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 …Continue reading the post titled How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?