Misrepresentation and Retroactive Child Support – how far back can you go?

Blog Post
July 3, 2019
Read Time: 2 minutes

What happens if your former spouse misrepresented income when previously determining child support obligations? How many years back can you claim retroactive child support or a variation in support? Read as family lawyer Ira Marcovitch explains: In Ontario, child support is governed by a combination of the Divorce Act, the Family Law Act, and the… Read more »

S.H. v. D.H. Revisted – Use of Embryos After Separation

Blog Post
June 14, 2019
Read Time: 2 minutes

Nelligan O’Brien Payne gratefully acknowledges the contribution of Alaina Woolfrey, Student-at-Law in writing this blog post. In July 2018, the Superior Court of Justice released its decision in S.H. v. D.H., wherein it was held that the wife of a separated couple should be permitted access to the last remaining embryo owned by the couple,… Read more »

My Former Spouse Paid Off My Student Loans – Do I Have to Pay Him Back?

Blog Post
June 4, 2019
Read Time: 3 minutes

Read as Associate lawyer Ira Marcovitch answers the following question of student loan repayment after divorce: Before my husband and I married, I had been attending university. I convocated in May 2003 and my OSAP loans of $30,000 had to start being paid off in November 2003. We married in August 2003.My husband inherited money… Read more »

What is the difference between being separated and being divorced?

Blog Post
May 7, 2019
Read Time: 1 minute

Spouses are ‘separated’ when one person in the relationship has withdrawn from the relationship without any reasonable prospect of reconciliation or resumption of cohabitation. This means that you can be married and separated at the same time. In fact, in almost all cases, you have to have been separated from your spouse for at least one year before you can divorce. A divorce legally ends the marriage and allows former spouses to remarry.

I have a mental illness. Will this impact my custody or access claim?

Blog Post
March 22, 2019
Read Time: 3 minutes

One in five Canadians will experience a mental health problem or illness in any given year. Roughly eight percent of adults will have major depression at some point in their lives, and anxiety disorders affect around five percent of the household population.

Non-Parents and Access: What is the Law?

Blog Post
November 30, 2018
Read Time: 3 minutes

Who can apply for access to a child? Read about what the courts will consider when a person who is not a parent applies for custody or access.

Barwin Fertility Case – The Many Ways People Have Been Affected

Blog Post
October 23, 2018
Read Time: 1 minute

The case of fertility doctor Norman Barwin has affected countless individuals and families across Canada. Nelligan O’Brien Payne first commenced a class action against Dr. Barwin in 2016, alleging numerous errors in his fertility practice, including that he used his own sperm to impregnate women during fertility treatment at his clinic. Alison Motluk from the HeyReprotech Newsletter has published a list of the various kinds of discrepancies we have seen arising out of Dr. Barwin’s fertility practice.