We Are Family: Legal Issues When There Are Children From Multiple Relationships

Blog Post
June 15, 2016
Read Time: 2 minutes

In family law, we are seeing an increasing number of clients with multiple ex-spouses and children from past relationships. These clients bring with them new challenges for family lawyers. For example, parents may want to have the same parenting regime with children from multiple relationships, or may wonder why their child support obligations are so much higher than if all of their children had arisen from one relationship.

Life Insurance: Protecting Support Obligations after Death

Blog Post
April 28, 2016
Read Time: 3 minutes

What are the insurance implications when one party has a spousal and/or child support obligation to the other? It is common practice to require the payor spouse to designate the recipient spouse as the irrevocable beneficiary of a life insurance policy. This is done either by agreement or by a court order. The minimum required face value of the life insurance policy is set at an amount large enough to ensure that the payor’s support obligations are fully covered in the event of the payor’s death.

When Do We Become Common-law Spouses?

Blog Post
March 10, 2016
Read Time: 2 minutes

Some of the most common questions I get asked when people find out I am a family lawyer is ‘what am I getting into by moving in with my girlfriend/boyfriend?’ or ‘when/how do we become common-law?’. They’re pretty important questions. I think one of the reasons why there is so much confusion is because this issue is legislated by the provinces, so it depends on where you live. That means my answer to these questions only applies to Ontario.

What Legal Fees Can I Deduct On My Tax Return?

Blog Post
March 3, 2016
Read Time: 2 minutes

Don’t forget that legal fees incurred with respect to the enforcement or establishment of child and/or spousal support are normally tax deductible by the support recipient. Canada Revenue Agency’s position on when legal fees related to child and spousal support are deductible has changed from time to time.

Child Support Guidelines for Single Parents

Video Post
December 9, 2015
Read Time: < 1 minute

Alice Weatherston, Lawyer in the Family Law Group at Nelligan O’Brien Payne LLP discusses a single parent’s rights under the Child Support Guidelines. Contact Family Law Lawyer Alice Weatherston, by calling 613-683-8113, or email alice.weatherston@nelliganlaw.ca.

Court gets it right on imputing gifts to husband as income

Blog Post
November 20, 2015
Read Time: 3 minutes

The Ontario Court of Appeal released a very interesting decision recently, Korman v. Korman, that deals with two important questions that will affect family lawyers’ advice on property and support issues. The first was whether the husband had a beneficial interest in a matrimonial home he had put into his wife’s sole name for the purposes of creditor proofing. The second was whether the court ought to impute to the husband money his parents had consistently gifted to him throughout the marriage and after separation as income for support purposes.

My Spouse the Narcissist: Five Tips for Dealing with Ex-Partners with Narcissistic Personality Disorder

Blog Post
October 29, 2015
Read Time: 3 minutes

Separating is never easy. Separating from a spouse with a personality disorder even less so. As lawyers, some of the most difficult separations we see are those where one spouse suffers from narcissistic personality disorder. What can you do to make sure that you don’t get dragged down into a world of conflict when separating from a person who has narcissistic personality disorder? These five tips may help you.

The Narcissistic Spouse: It’s Not Just Selfishness

Blog Post
October 14, 2015
Read Time: 2 minutes

As family lawyers, we know that when people are undergoing a separation process, they are never at their best. Occasionally we come across clients whose former spouse is being more than just difficult or emotional. Sometimes we see individuals who are truly vindictive and who will fight to the bitter end, even if it means leaving both parties – and often the children too – in financial and emotional ruin. These individuals may suffer from ‘narcissistic personality disorder’.

What you need to know as a self-employed support payor

Blog Post
June 22, 2015
Read Time: 3 minutes

The amount of child and/or spousal support a payor is responsible for depends on what they can afford, and what they can afford depends on their income. That sounds simple, but for payors who are self-employed, figuring out income for the purposes of support can be a pretty complex task.

Summertime Parenting – balancing time and money

Blog Post
June 10, 2015
Read Time: 2 minutes

With just a few weeks left in the school year, Ontario children are looking forward to two whole months of long, hot, homework-free days stretching ahead of them. But while summer vacation is usually a fun time for kids, managing childcare and the associated financial obligations while kids are off all day can be stressful for parents. For separated or separating parents, there are even more issues to deal with, all while trying to preserve the care-free feeling of summertime for their children. Luckily, with some forethought and, if possible, open communication with the other parent, you can shed a large number of summertime stressors.