Retroactive child support after age 18
I’m 18 and my dad never paid child support. I was wondering if I can sue him for the money? The payment of child support is one of the most common areas of contention arising from the breakdown of a marriage or familial unit. In Ontario, child support is governed by a combination of the… Read more »
Common Law Pension Entitlement
Read as Family Lawyer Ira Marcovitch breaks down the question of pension entitlement in a common-law relationship: I was in a common-law relationship for 13 years. We have 2 children together. He is taking out his $100,000 union pension and returning back to Ireland for good. Am I entitled to half of his pension? Entitlement… Read more »
Misrepresentation and Retroactive Child Support – how far back can you go?
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
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?
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?
Spouses are ‘separated’ when one person in the relationship has withdrawn from the relationship without any reasonable prospect of reconciliation or resumption of cohabitation.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.