Our previous blog post on spousal support dealt with how spousal support is calculated, specifically the amount of spousal support and the duration of its payment. I also made mention to the Spousal Support Advisory Guidelines (“SSAG”) and how they influence the calculation of spousal support in Ontario. In this post, we will be delving deeper […]
One problem that clients often come to me with is that they feel that the other parent is alienating them from their child. This is a serious allegation and one that usually occurs during high conflict circumstances. Clients often describe this alienation as “she’s telling the kids that I hate them” or “he’s telling the […]
In my last blog post I discussed the concept of exclusive possession and how a spouse may be able to claim such a remedy. S. 24(1)(b) of the Family Law Act (“FLA”) provides for the remedy of exclusive possession that applies to MARRIED SPOUSES. This section provides that: Regardless of the ownership of a matrimonial home and […]
One of the more difficult choices to make when separating is deciding who will get to live in the matrimonial home, or what is otherwise known as exclusive possession. Both parties have likely developed an attachment to the home, and uprooting your life to move somewhere else can be a daunting and stressful experience. So […]
Seems like something you should be able to do right? If an ex-spouse is talking to the children, or anyone else, some parents try to record those conversations to use against the other spouse later on in legal proceedings. What parents will need to be mindful of is that this may actually trigger parts of […]
When married spouses separate, s.5(1) of the Family Law Act (“FLA”) provides that there will be an equalization payment made from the spouse with the greater net family property to the spouse with the lesser net family property (see our blog post here for an introduction to how net family property and equalization work). To […]
As discussed in the previous blog on child support, child support is generally seen as a non-negotiable support payment in the eyes of the court. However, there are ways to alter child support payments. This can be done through either a shared custody arrangement (see our blog post here), or by proving undue hardship. S. […]
Separation alone is difficult to deal with. When the issues concerning adultery, physical and mental cruelty become involved, it can make a difficult situation that much worse. If these concerns are a part of the separation between two spouses, courts here in Canada will implement a “no fault” regime. This means that when a person’s […]
One fear that some parents may have is whether their LGBTQ status might affect their rights when it comes to Custody and Access. Thankfully, this is not in and of itself a ground to refuse custody or access to a parent as the case law below will demonstrate. Custody As mentioned in our last post […]
I have had clients in the past come to me with this question wondering if they could use the behaviour of their former spouse as evidence that custody or access should be limited as a result of their actions. While this could be true, generally it will only matter where those actions have an effect […]