Couple who go through divorce or separation have to come to agree (or litigate) a number of issues such as what happens to the matrimonial home, child custody, and matters relating to spousal or child support. While some issues can be resolved permanently when a divorce occurs, some issues, particularly those relating to support, can …
Read MoreGelman & Associate’s Irina Davis recently worked on behalf of a client who was in court to respond to a husband’s motion to change spousal support. We’re pleased to report that our client was successful before the courts, with the decision being recently released. The original separation agreement The husband and wife were married on …
Read MoreIn a recent decision, an Ontario court considered the interesting question of when it may be appropriate to terminate a spouse’s obligation to pay spousal support. The Parties’ Story The parties were married in June 1967 and divorced in September 1995. They had two children, who were now independent adults. In May 1998, the husband, …
Read MoreIn a recent decision, an Ontario court found that a woman was entitled to indefinite spousal support from her partner even though they had maintained separate residences. The Parties’ Story The parties began their relationship in October 2001 and separated in May 2015. Both parties had children from their previous marriages, but they had no …
Read MoreWhen people get divorced or separated, it is common for one party to take out a life insurance policy in order to fulfill any child or spousal support obligations they may be unable to make in the event of their death. In a recent case heard before the Ontario Superior Court of Justice, the court …
Read MoreAfter 30 years, it might be safe to assume that a divorce is well in the former couple’s rearview mirror. However, life is full of change, and those changes can sometimes have an impact on agreements made during a separation or divorce. This was demonstrated in a recent decision from the Court of Appeal for …
Read MoreAn Ontario court recently considered whether or not it should award spousal support to a spouse who brought his claim many years after the parties’ separation. The Parties’ Story The parties married in May 1990, separated for about two years in the late 1990s, got back together and separated for a final time in August …
Read MoreAn Ontario court recently explored whether interim child support should be ordered when the payor spouse was incarcerated on the basis of imputing income to the jailed spouse. The Parties’ Relationship The parties separated sometime in the first half of 2017, after approximately five years together. They had never married, but had two daughters, aged …
Read MoreA 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 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 …
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