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 …
Read MoreIn a recent decision, the Ontario Superior Court addressed whether a husband’s expenses from self-employment could be deducted from his gross income for the purposes of child support. What Happened? The husband and wife in question were married in 1993. They had two children, a son born in 1994 and a daughter born in 2000. …
Read MoreAn Ontario court recently considered an interesting case where the man sought an order directing the child to submit to a paternity test. The Parties’ Story The parties began seeing each other in March 2008. According to the man, in July 2008, the woman left the apartment for three days and would not tell him …
Read MoreAn Ontario court recently considered a case where the mother sought interim child support and spousal support from the father. In granting the mother’s motion, the court outlined the factors that it must take into account when making an interim order for support. What Happened? The parties were married in January 2005 and separated …
Read MoreWe previously blogged about a contentious child support and spousal support dispute, in which an Indigenous father argued that band law should apply in lieu of Ontario family law where disputes involved Indigenous families. The original trial judge disagreed with the father’s position, and the father appealed further. The appeal is scheduled to be heard …
Read MoreA recent Ontario decision considered the question of when a party’s obligation to pay child support may be deferred for a period of time. What Happened? The parties had dated briefly. During this time, the mother became unexpectedly pregnant. The parties had one child, born in November 2016. In June 2017, the parties entered into …
Read MoreHave a read of my article in Advocates Daily on life insurance and its availability as security for support: http://www.advocatedaily.com/jennifer-samara-shuber-family-lawyers-breathing-easier-after-appeal-court-decision.html
Read MoreHave a look at my AdvocateDaily post on equal child support treatment for disabled children of both married and unmarried spouses. http://www.advocatedaily.com/jennifer-samara-shuber-successful-constitutional-challenge-helps-unmarried-parents-of-disabled-adults-1.html
Read MoreA recent Ontario Court of Justice decision confirmed that adult disabled children of unmarried parents are entitled to child support in the same way that adult disabled children of divorced parents are. What Happened? A constitutional challenge was filed by a single mother of an adult disabled son, who argued that s. 31 of the …
Read MoreBeware: If parties set off their child support obligations so that only one party ends up making a payment, there is the risk of losing child related deductions. Want to know more? Have a read through my latest article for AdvocateDaily at http://www.advocatedaily.com/jennifer-samara-shuber-spouses-must-pay-each-other-to-get-around-tax-law.html
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