Wealthy Husband Ordered to Pay Wife Spousal Support of $30,000 per Month

In a recent case, an Ontario court considered the interesting question of how much spousal support should be awarded to a wife whose husband earned approximately $2,090,000 per year. The Parties’ Story The parties began to cohabit in December 2001, married in June 2006 and separated in May 2017. While the husband was a very …

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When Will Courts Consider Forgiving Arrears For A Parent Or Spouse?

Child support and spousal support obligations are serious, and failing to pay them could leave a parent in arrears, and a large debt to repay.  Only in certain situations will courts retroactively discharge or rescind support arrears. A recent case from the Ontario Superior Court of Justice serves as a good summary of which types …

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Court Finds Mother in Contempt

Court orders cannot be ignored or disobeyed, and complying with a court order is not optional. In a recent case, an Ontario court considered whether or not the mother of a young child was in contempt for refusing to grant access to the child’s paternal grandmother in accordance with a previous order. What Happened? The …

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Spousal Support Variations: A Tale of Two Motions

Couple who go through divorce or separation have to come to agree (or litigate) a number of issues such as what happens to the matrimonial home, child custody, and matters relating to spousal or child support. While some issues can be resolved permanently when a divorce occurs, some issues, particularly those relating to support, can …

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Court Orders Father to Pay Exorbitant Costs Award

The mother in a recent Ontario case sought her costs of litigation, which amounted to $456,411.14, inclusive of disbursements and HST. The court had to determine whether the father’s conduct had been so unreasonable that it warranted ordering him to pay those costs. The Parties’ Story The parties were involved in acrimonious litigation for two …

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Gelman & Associates’ Client Succeeds In Securing Costs

Gelman & Associate’s Irina Davis recently worked on behalf of a client who was in court to respond to a husband’s motion to change spousal support. We’re pleased to report that our client was successful before the courts, with the decision being recently released. The original separation agreement The husband and wife were married on …

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Court Grants Mother Interim Sole Custody of Child

An Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway. The Parties’ Story and Positions The parties began living together in May 2014 and separated in October 2018. They had one child together, who was born in 2016. The …

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Court Examines How Limitation Period Should Be Established To Set Aside Marriage Agreement

Marriage contracts, which are often referred to as prenuptial agreements, or “prenups” may not be an easy topic to bring out when planning a wedding, but they can be a useful tool in avoiding potential conflict in the event of a breakdown of a marriage. A marriage contract will often outline what will happen to …

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Court Orders Spouse to Pay Advance of Fees to Fund Litigation

In a recent decision, an Ontario court considered one spouse’s plea for an order of interim costs and disbursements to cover the expenses of carrying on the parties’ litigation. The Parties’ Story The parties began cohabiting in October 2008, married in June 2011 and separated in 2017. The parties had signed a marriage contract the …

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Tips For Vacation Planning For Divorced Or Separated Parents

Planning summer activities and vacations for school-aged children can be an extremely time-consuming exercise. For parents who have divorced or separated, there can be added complexities in trying to accommodate vacations with pre-existing custody arrangements and the need to accommodate multiple households in planning. With that in mind, we’d like to offer our readers some …

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