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Media Mentions

Can Court Order be Set Aside Due to Wife’s ADHD?

Posted October 19, 2017

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Can Court Order be Set Aside Due to Wife’s ADHD?

In a case called Hatuka v. Segal, the couple separated in 2016 and started the process of untangling their financial affairs.  The wife continued to live in the $1.7 million matrimonial home with their two school-aged children.

By early 2017, the husband was having financial challenge:  He could not afford to service the home’s $610,000 ...

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Wednesday’s Video Clip: Obligations to Pay Child Support Even with Undue Hardship

Posted October 18, 2017

Wednesday's Video Clip: Obligations to Pay Child Support Even with Undue Hardship

In this video we review a court decision from earlier this year, the court confirmed that a father was still obligated to pay support for his two children from a first marriage even though: 1) he no longer had a relationship with them; 2) he had a new family (and two other small children) to support; and 3) the child support obligation would cause him undue hardship, ...

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Moving with a Child: Mother’s Views Take a Back Seat to “Super ordinate Considerations” Affecting Child

Posted October 17, 2017

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Moving with a Child: Mother’s Views Take a Back Seat to “Super ordinate Considerations” Affecting Child
In cases where spouses are separated or divorced, the decision of where a parent can live and work is no longer his or her alone.   Rather, the Family Court may become involved, and may be asked to give the parent permission to relocate, particularly if that involves moving with the child ...

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With Joint and Shared Custody, Can There Still be a “Primary Caregiver”?

Posted October 12, 2017

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With Joint and Shared Custody, Can There Still be a “Primary Caregiver”?

In 2015, the parents of a 5-year-old boy separated, and agreed to an arrangement involving joint custody, as well as shared parenting.  This agreement was brought before the court for its endorsement in a court order.

In the context of the mother’s bid to relocate the boy to another city (which was the subject of a prior ...

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Wednesday’s Video Clip: Top 5 Questions about Spousal Support in Ontario

Posted October 11, 2017

https://www.youtube.com/watch?v=YX-25jPGfUw

Wednesday's Video Clip: Top 5 Questions about Spousal Support in Ontario

In this video Russell reviews some of the more common questions about spousal support in Ontario, including:

1) What is spousal support? Spousal support -- which is sometimes called "alimony" -- is money paid from one spouse to the other after the dissolution of the relationship. The obligation to pay spousal support is a legal one, and may arise either from a marriage, or from a common-law relationship.

2) What is the legal basis for obtaining ...

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Court Upholds Separation Agreement as Being “In Substantial Compliance” with the Law

Posted October 10, 2017

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Court Upholds Separation Agreement as Being “In Substantial Compliance” with the Law

Do you have a two-decades-old separation agreement that you are trying to have overturned?  Then the recent Ontario Court of Appeal decision in Smith v. Smith might be of interest to you.

The facts were these:  Before getting married, and just as they were about to move in together, the husband and wife signed a ...

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Oops! How Should a Family Court Decision be Corrected?

Posted October 5, 2017

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Oops! How Should a Family Court Decision be Corrected?

In Gray v. Gray, the husband in a matrimonial dispute was faced with a “worst-case” scenario:  The trial, which had been scheduled on the first day of work in a new job, had gone ahead without him.

The husband, who had Multiple Sclerosis, had sent a friend in his place that day, to explain his absence to the court.   With this ...

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Wednesday’s Video Clip: How are Child Payments Taxed?

Posted October 4, 2017

https://www.youtube.com/watch?v=JyUrxsL6EkU

Wednesday's Video Clip: How are Child Payments Taxed?

In this video we discuss the tax consequences of child support.

Parents who receive child support payments under an agreement or court order made after April 30, 1997, do not have to include those payments in their taxable income. Parents who make these payments cannot deduct the payments from their taxable income.

This tax rule does not apply to continuing support paid under agreements or court orders made before May 1, 1997. The old rule still applies until the ...

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Court Strikes Family Law Firm’s $72,500 “Premium” as Being a Contingency Fee

Posted October 3, 2017

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Court Strikes Family Law Firm’s $72,500 “Premium” as Being a Contingency Fee

Most of you will be familiar with “contingency fees”, meaning the fees a client agrees to pay a lawyer only if the lawyer is successful in the litigation for which he or she is hired.   They are most often used in personal injury matters, with the lawyer’s fee being calculated as a percentage of ...

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If the Wife Goes to Stay with Her Mother – Does the “Clock” on their Relationship Start Over?

Posted September 28, 2017

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If the Wife Goes to Stay with Her Mother – Does the “Clock” on their Relationship Start Over?

In Whalen-Byrne v. Byrne, the issue for the family court seemed simple enough: It was to determine the precise duration of the former couple’s relationship, which in turn would drive the duration of spousal support the husband had been adjudged to owe the wife.

And the beginning and end dates ...

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