Disclosure of Income and Child Support: It’s an Annual Thing

Blog Post
May 9, 2014
Read Time: 2 minutes

For those who either pay or receive child support, you may not know that you have a right or an obligation to obtain or provide sufficient evidence of the payor’s income for the purposes of determining and adjusting child support on an annual basis. It is not only recipients that have an interest in receiving annual income disclosure. If the payor’s income has decreased since the last adjustment, child support should accordingly be decreased accordingly. It remains in everyone’s best interest to cooperate with this process.

Police Enforcement of Custody and Access Orders

Blog Post
May 1, 2014
Read Time: 2 minutes

The recent case of Patterson v. Powell has given rise to a discussion of how parents can enforce custody and access orders in the event that the other party (or sometimes neither party) is cooperating with the parenting schedule. In my view, lawyers, judges and parents all have a duty to assess the emotional impact on the child when determining what the custody and access rights will be, and to craft these orders in a manner that is intended to minimize their potential harm.

Thinking of Using a Gift to Pay Off the Line of Credit on your Home?

Blog Post
April 24, 2014
Read Time: 2 minutes

Thinking of using a gift to pay for the line of credit on your home? You may want to think carefully about your decision, but there is reason to hope that you might get at least some of your gift back in the event of a separation. Here’s why. In 2012, the scope of equalization litigation was expanded with the Court of Appeal for Ontario’s decision in Ward v. Ward. If you are thinking about using a gift to make a payment on your matrimonial home, you would be wise to consult your family lawyer first to weigh the pros and cons of your decision.

Little Known Facts about the Matrimonial Home

Blog Post
March 14, 2014
Read Time: 2 minutes

The ‘matrimonial home’ is a very special creature, and legal issues in relation to it can have a very large impact on a spouse’s financial situation in the context of a separation. A house is only considered a ‘matrimonial home’ if the spouses living in it are married, and not in a common law relationship. If you are thinking about getting married and already own a home, you should consider getting some advice from a lawyer to find out if you should take steps to protect the value of your home in the event of a separation or divorce.

Motions to Vary: Challenging a Custody and Access Order in Court

Blog Post
January 28, 2014
Read Time: 2 minutes

How soon is too soon to re-litigate your custody order? Our circumstances change, especially when kids are involved, as their needs, interests and maturity are always changing. However, final custody orders are not meant to change. What happens if you think your order no longer reflects reality? The only way a custody and access order can be varied by a court of law is if the party bringing the challenge is able to establish something called ‘a material change in circumstances’.

Kindergarten

Blog Post
January 16, 2014
Read Time: 2 minutes

Registration for Kindergarten begins at the end of January. For some of us, especially those who co-parent a child, this can lead to lots of questions, which you may not have previously discussed or agreed on. Resolving these issues with your co-parent is almost always a challenging endeavour and compromises will likely have to be made on both sides. It’s better to make those compromises earlier rather than later, once the costs and emotions have escalated.

Top 5 Family Law Resolutions for the New Year

Blog Post
January 10, 2014
Read Time: 3 minutes

It’s January, and a great time to make your resolutions for the coming year. Why not consider making some important family law resolutions while you’re at it? We’ve provided our top 5 list to get you started!

What Happens to Wedding Rings when you Divorce?

Blog Post
November 22, 2013
Read Time: 2 minutes

Most advice columns suggest that there is no need to return your wedding/engagement ring to your former spouse. While the advice in these columns is based on etiquette rather than law, in this case the law also suggests that there is no obligation to return your ring. A wedding ring is generally given as a gift, which means the person to whom it was given becomes its owner in law.

Divorce: Then and Now

Blog Post
November 7, 2013
Read Time: 2 minutes

Divorce law in Canada has changed significantly over the last few decades, starting with the introduction of the first Divorce Act in 1968, as well as its successor legislation in 1986. Some of the key changes have been in relation to the grounds of divorce for husbands and wives, an increase in no-fault grounds, a simplified process and shortened timelines for divorce.

What Happens to my Pension when I Divorce or Separate?

Blog Post
November 1, 2013
Read Time: 3 minutes

Next to your home, if you have a pension, there’s a good chance it’s your largest asset. Given the potential size of this asset and the rate at which a pension can grow, when you separate from your spouse, it is extremely important that you take the time to properly address pensions in any final settlement.