Spousal support, alimony, and maintenance.
How to Choose the Right Family Law Lawyer When it comes to family law matters, choosing the right lawyer is crucial. A good lawyer can make all the difference in the outcome of your case. However, with so many lawyers out there, it can be overwhelming to know where to start. Here are some tips …
Parents paying support often ask “What if I get sick?” “How will I pay support?” In Skinner v. Skinner the father paying support moved to reduce his support because he had an illness that prevented him from working consistently. The father had to prove that his illness caused a “material change in circumstances”. The father …
What happens if I quit a good paying job and take a lower paying job to reduce support? Will my spouse find out if I do cash jobs on the side and not report the income on my taxes? What if I income split with my new partner and take less of a paycheque? Lying …
In Savage v. Savage, the Ontario Court of Appeal found that where a teacher retired at age 57 with a full pension, he did not retire to avoid paying spousal support. When he retired there was a portion of his pension that was equalized previously, and therefore not calculated for spousal support purposes as income, but also …
In Rochon v. Rochon, 2018 BCSC 1899, the BC Supreme Court denied a spousal support claim by a wife where there was not a compensatory support claim and where following the division of family property the wife would have sufficient assets to meet her needs, avoid economic hardship and to pay her needs. Before trial the wife …
“What will happen to my health benefits after divorce?” is a question family law and divorce lawyers often hear. The typical answer is that the question of whether you receive benefits depends on the language of the benefit contract. Many benefit policies limit spousal benefits to married couples. Some allow unmarried couples to remain on …
What is the right support amount when a spouse is unemployed or not earning their full potential. Often, claims are made that a parent or spouse quit their job to reduce their support payable or to increase the support they receive. The Spousal Support Advisory Guidelines and the Federal Child Support Guidelines both allow the court to add income …
The Ontario Superior Court of Justice Decision by The Honourable Kenneth G. Hood, in Choquette v. Choquette FINAL Mar 1 2018 highlights the complexity and difficulty in variation applications by high income earners. Of note in this case is that the support recipient had little income at the time of variation and was not the caregiver …
In Smith v. Smith 2017 ONCA 759 (CanLII), the Ontario Court of Appeal recently held up a pre-nuptial cohabitation agreement, even though the wife did not have legal advice. The couple signed this domestic contract before purchasing a home. Even though the wife was given a chance to obtain independent legal advice, she did not. The …
