Court Determines Which School Child Will Attend

An Ontario court recently granted a mother’s request seeking an order that her child attend a specific school for the upcoming school year.   A Special Needs Child The parties separated in 2008. The parties had one child, X, who was 13 years old and starting grade 8 in September 2018. The parties had shared …

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Single Mother of Adult Disabled Son Secures Continued Child Support Payments in Precedent Setting Decision

In a precedent setting decision, an Ontario judge has awarded a single mother in Brampton, Ontario monthly payments of more than $500 to care for her disabled adult son for the remainder of his life. Child’s Father Stopped Support Payments The woman’s son was born with Di George Syndrome– a genetic abnormality which results in …

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Like it or Not: Forcing the Sale of the Matrimonial Home

The court recently examined the interesting question of whether, and under what circumstances, a party can obtain an order to sell their matrimonial home even when their spouse opposes the sale.   The Parties’ Story The parties were married in 1979, separated and reconciled in 2009 and 2014, and separated for a final time in …

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Ex-Husband Attempts to Set Aside His Child Support Obligations, Court Orders Him to Continue Paying

An Ontario court recently evaluated a situation in which an ex-husband argued that the child support provisions in a marriage contract should be struck. The court ultimately upheld the child support clauses and found that the ex-husband continued to be responsible for supporting the children for a number of reasons. What Happened? The parties had cohabited …

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Child Support: Paying for an Adult Child Who’s Walked Out of Your Life

An Ontario court recently contemplated whether or not an 18-year-old child who refused to have a relationship with her father should continue receiving child support.   Background Information The parties were married and lived together from 1992 to 2007. They had two children: a 23-year-old son, and an 18-year-old daughter, D. After the parties separated, …

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Ontario Court Considers When Imprisonment is Appropriate for Non-Payment of Support Arrears

A recent Ontario decision examined both default hearings as well as how and when a jail committal order is appropriate to enforce spousal support and child support arrears. A History of the Parties The parties divorced in 2008, after approximately 21 years of marriage. They had two children (adults at the time of the hearing …

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Court: “The father created this situation. He keeps having children that he now claims he cannot afford”

An Ontario court recently reviewed a mother’s child support application in which a father claimed undue hardship and requested to pay less than the mother had asked for. While the court found that the father would suffer undue hardship if he were to pay the amount requested by the mother, the court ultimately concluded that …

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Court Awards Woman Ownership of Embryo Deemed Property in Acrimonious Divorce

In a precedent-setting decision, a Superior Court judge in Sudbury has found that a woman can use a frozen embryo purchased with her husband, while married, despite the man’s objections following their divorce. What Happened? The parties were childhood friends who, in 2009, decided to get married and have children. In February 2012, they purchased …

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