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Imputing Income to an Intentionally Under-Employed Parent

It’s not uncommon for a parent to seek to impute income to other parent for the purposes of support calculations, especially if they suspect he or she is intentionally under-employed.  In a recent decision of the Ontario Court of Justice (Charron v. Carriere), the Court imputed income to both the father and the mother, finding that …

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Why is Leaving a Narcissist so Hard?

Deciding to end a relationship or marriage is never easy.  It can be especially difficult if you have a partner with narcissistic personality disorder. In a previous blog we recommended a few ways to keep your distance and your cool when dealing with a narcissistic ex.  But what about before that?  What if you’re still in …

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Intention vs. The Wording of a Will

What happens if the words in a will seem to contradict statements made by the deceased prior to his or her death?  The Ontario Superior Court of Justice examined this issue in a recent case (Royston (Trustees of) v. Alkerton). The Facts The deceased was the mother of five children (Michael, Peter, Laura, Alan, and …

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“First-Family-First”: When Might a Second Family Impact a Support Obligation?

It’s not uncommon for an individual who is obligated to pay spousal support to want to reduce or eliminate that obligation after he or she has entered into a new relationship.  This is especially true if financial responsibility for that new, or “second” family arises. Does a Second Family Impact Entitlement or Quantum of Support …

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Helping Kids Through Divorce – 10 Tips

Divorce is hard on kids of all ages.  Common sense tells us that we need to be supportive and extra attentive to our children during periods of change and upheaval in their lives.  You know your child best.  You know how to comfort them and parent with kindness and compassion, but it may be difficult …

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Occupation Rent – When is it Awarded?

If you are going through a separation, one of the issues you may have to consider is whether you or your spouse may owe the other occupation rent if one of you stays in a jointly owned matrimonial home. Section 24(1)(c) of the Family Law Act, R.S.O. 1990, c. F.3 provides that if one spouse is …

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Can a Settled Custody Order be Changed?

In a recent decision of the Ontario Court of Justice (Mohammad v. Mahmood), the Court was asked to consider whether it was appropriate to change an order for joint custody to an order for sole custody in favour of the father. Background Facts In 2012, Mr. Mohammad and Ms. Mahmood settled the issue of custody of …

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Stepfamilies – Wicked or Wonderful?

Cherished fathers will be celebrated and pampered this coming weekend.  Hugs, cakes, and coupons for lawn-mowing will rule the day on Sunday, June 19th.  But, what about stepfathers?  And, what about stepfamilies (or “blended” families) in general?  In what way are special days like Father’s Day different for them?  Is there a special day just for …

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Mutual Wills – Be Clear and Beware!

The Ontario Superior Court of Justice recently looked at the concept of mutual wills in a case where a wife changed her will after her husband’s death to exclude her stepchildren from the inheritance. The Facts Alf and Ruth Roussel began cohabitating in 1985 and married in 1997.  Each had two children from previous relationships.  …

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Law Society of Ontario
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