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Child Relocation: Everything You Need to Know

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 …

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Child Relocation: Everything You Need to Know

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 …

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How To Address Child Support In The Event Of A Job Loss

For 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 …

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Child Support and Claims for Undue Hardship

What 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 …

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Canada’s Supreme Court Updates Its Position On Retroactive Child Support

Whenever 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 …

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Child Support for Adult Children

What 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 …

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Ontario Court of Appeal Denies Father’s Request to Reduce Child Support Arrears

The 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 …

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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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Divorced Couple Disputes A Number Of Child Support Issues

There 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 …

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Homemade Separation Agreement Ends Up Costing Couple Time and Money

Hiring 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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