Child custody and access are often significant issues when parents separate or divorce. It becomes even more complicated when one parent wants to move further away from the other parent with the child. Canadian courts typically favour a parenting plan where both parents have equal time with a child. However, that can become a problem …
Read MoreChild custody and access are often significant issues when parents separate or divorce. It becomes even more complicated when one parent wants to move further away from the other parent with the child. Canadian courts typically favour a parenting plan where both parents have equal time with a child. However, that can become a problem …
Read MoreWhen a couple goes through divorce or separation they may be able to negotiate some or all of the issues before them without the need to litigate. It’s common for lawyers to be involved in these negotiations and the minutes of settlement that come out of them. The importance of having experienced legal advice is …
Read MoreFor parents who are separated or divorced and have child support obligations, the thought of losing their job can be daunting. Adding in the stresses of COVID-19 and the holidays can make something like a job loss even more difficult to deal with. This week we bring you our final in a series of holiday-related …
Read MoreWhat happens when one party seeks to impute income to the other party for the purposes of calculating child support? In a recent decision, the court considered that very question when a mother brought a motion for a temporary order for sole custody and child support. The Mother Leaves The parties met in or around …
Read MoreWhenever the Supreme Court of Canada issues a ruling related to Family law, we at Gelman & Associates will summarize it here in our blog. This fall the country’s highest court issued a ruling clarifying its position on retroactive child support when the child is no longer a minor. Retroactive child support When someone has …
Read MoreWhat happens to a payor’s child support obligations once his or her children are adults pursuing higher education? Does child support terminate, or does it remain payable? An Ontario court grappled with this interesting question in Makdissi v. Masson. The Parties’ Story The parties were married in June 1993, separated in September 2001, and divorced …
Read MoreThe Ontario Court of Appeal recently heard a mother’s appeal from a decision that granted the father a retroactive reduction in his child support obligations. In determining whether to allow the appeal, the court considered the interesting question of when a payor parent may be excused from paying the full amount of child support that …
Read MoreChild 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 …
Read MoreThere are many factors that can contribute to what amount of child support one parent may have to pay to another following a separation or divorce. There are both provincial and federal child support guidelines which help dictate how much a parent should pay based on factors such as income, while also addressing items such …
Read MoreHiring an experienced family lawyer is a critical step when going through a separation or divorce. It may be tempting to attempt to cut costs by going through the process alone, but as one Ontario couple recently learned, doing things without legal representation can result in an expensive and time consuming experience. Background The couple …
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