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Posts tagged ‘spousal support’

What is the Resolution Evolution – the Path to Peace?

What is the Resolution Evolution – the Path to Peace?

The Resolution Evolution – the Path to Peace is an OCLF/OAFM Conference and your opportunity to take advantage of world-class training close to home, to meet and network with other collaborative professionals, and to socialize with our professional colleagues.

The conference will run May 2, 3 & 4, 2019 at the Brookstreet Hotel, Ottawa, Ontario.

To register or learn more, click here.

Are Some People Genetically Destined for Divorce?

Are Some People Genetically Destined for Divorce?

Some surmise that children of divorce may experience a greater chance of divorce when they grow up because of their environment. Recent studies and news reports suggest that when it comes to divorce history may indeed repeat itself but not for the reasons you may think.

Studies and prior literature emphasized that divorce was transmitted across generations psychologically and as a result of environmental factors.

However, recent studies  “contradict that, suggesting that genetic factors are more important.”

Jessica Salvatore, Ph.D. reports that:

The study’s findings are notable because they diverge from the predominant narrative in divorce literature, which suggests that the offspring of divorced parents are more likely to get divorced themselves because they see their parents struggling to manage conflict or lacking the necessary commitment, and they grow up to internalize that behavior and replicate it in their own relationships.

[The study] analyzed Swedish population registries and found that people who were adopted resembled their biological — but not adoptive — parents and siblings in their histories of divorce.

By recognizing the role that genetics plays in the intergenerational transmission of divorce, therapists may be able to better identify more appropriate targets when helping distressed couples, Salvatore states:

“At present, the bulk of evidence on why divorce runs in families points to the idea that growing up with divorced parents weakens your commitment to and the interpersonal skills needed for marriage. So, if a distressed couple shows up in a therapist’s office and finds, as part of learning about the partners’ family histories, that one partner comes from a divorced family, then the therapist may make boosting commitment or strengthening interpersonal skills a focus of their clinical efforts.”

So how does free will and fault play into divorce in light of these findings?

In Ontario, we operate a no-fault divorce process:

Under the Divorce Act, you do not need to prove that your spouse was at fault in order to get a divorce. If the reason you are asking for a divorce is marriage breakdown, shown by one year of living apart, either of you can request a divorce. It does not matter which one of you decided to leave. In fact, the law gives you the choice of applying to the court together to ask for a divorce.
However, if the reason you are asking for a divorce is marriage breakdown because of adultery or mental or physical cruelty, you will have to have proof of what happened.

As a result, someone’s genetic disposition, as it relates divorce, will not shape the outcome of the divorce proceeding. But as Dr Salvatore’s study suggest, this information would be helpful in therapy and focusing clinical efforts on boosting commitment or strengthening interpersonal skills.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com.

Is $122,858 USD a Month Enough to Live On?

 

Is $122,858 USD a Month Enough to Live On?

Recently it was reported that Tracey Hejailan-Amon was granted $122,858 USD as temporary monthly support. This is in addition to a lump-sum payment of $1,262,121. However, Tracey Hejailan-Amon says it “isn’t enough”.

Her husband Maurice Alain is apparently worth $1.4 billion.

The support order was made by a Monaco Court, but the wife would like to have the case heard in New York. Her lawyer stated that the wife:

“maintains that she was never domiciled in Monaco … [Maurice] contends that Tracey’s shoe collection … was in the Monaco home and this constitutes proof that she was a Monaco domiciliary. This case is a ‘shoe-in’ for the record books in Monaco — it’s well beyond the ‘War of Roses,’ it’s the ‘War of Louboutins.’ ”

This case, and the high monetary awards, are similar to the Bitcoin cases we recently wrote about and also the case where the wife claimed support that included a wine budget of over $10,000 where the court considered:

 a large figured that had been included in the mother’s annual budget for wine.:

There is a claim of £10,555 per annum for “Wine”. The child is aged seven and does not consume the wine. This appears to be a mixture of wine supplied by the mother to the parents of children when they visit her home, and some general entertaining.

So what do you think?

Would a $122,858 USD a month be enough to meet your budget or would you request more?

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Husband’s Decision to Return to School Full-Time was Unreasonable – Ordered to Cough Up Arrears

back-to-school-pig

Husband’s Decision to Return to School Full-Time was Unreasonable – Ordered to Cough Up Arrears

In a recent Ontario case, the court was asked to consider two interesting claims by a husband who was looking to avoid paying support arrears: 1) that he couldn’t earn more money because he was “blacklisted” in his industry; and 2) that his post-bankruptcy decision to go back to school full-time was reasonable.

The background facts were these: The husband had been paying about $800 per month in spousal support based on an annual income of about $56,000. For several years, his income had hovered around that point, but he lost his job in 2009, and claimed that he could not find work in the construction industry anywhere in the Greater Toronto Area because his “name in the industry was tarnished”. He claimed that in order to do manual work, he would have to join the union. He therefore did not pursue any manual labour jobs in construction.

Instead, he worked at various jobs until he declared bankruptcy in 2011, then went back to school full-time for the Law Clerk/Paralegal Program. Although he did not finish the program, he intended to do so on a part-time basis, aiming to complete it in 2015. His income therefore dropped for a few years to near $20,000, and he was currently working at a building supply store and expecting to earn $35,000 in 2013. (As an aside, the husband also admitted to spending $175,000 in less than 2 years, with $30,000 being spent towards a condominium, and $145,000 going toward three lawyers for his file.)

The wife, who earned about the same amount as a funeral home receptionist, asked the court to enforce the arrears in spousal support that had accumulated in the past few years, and also asked to have income imputed to the under-earning husband. She claimed that his decision to go back to school full-time to become a Law Clerk or Paralegal was unreasonable in the circumstances, given that it meant he would not be able to meet his obligations to support his family.

The court concluded that it was indeed unreasonable for the husband to go back to school full-time, and that in any event he had not made a diligent effort to complete the program and find employment in the field. He was also under-earning even in the work he did have at present. Still, the court declined to impute the full $65,000 income to him; rather it assumed he could have been earning just over $40,000 per year. As for the husband’s contention that his name had been tarnished, the court said:

The husband’s position that he was blacklisted from ever being hired in the construction industry is speculation and conjecture. It is difficult to accept that testimony without some corroboration. The construction industry in the GTA is a large industry and it is difficult to understand how he could be blacklisted throughout the entirety of that industry. I also cannot accept that [the husband] would have been unable to work in the construction industry in some other capacity other than as a Project Co-ordinator or Manager.

As a result, the court adjusted the support accordingly and ordered the husband to pay a portion of arrears, pointing out that an order for him to pay full arrears would “crush” him.

For the full text of the decision, see:

Bozzelli v. Bozzelli (2014), 2014 ONSC 254 http://canlii.ca/t/g2psf

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at www.RussellAlexander.com.

Tired of working long hours and getting stuck in traffic?

DVP

Tired of working long hours and getting stuck in traffic?

Tired of working long hours and getting stuck in traffic?work exclusively on divorce law and family related matters, including custody, spousal support, child support and separation. Our lawyers, law clerks and staff members employ a team-oriented approach to serving our clients

We are seeking an Associate Lawyer to join our team. A minimum of 2 years post-call experience in family law is required. Compensation will include a salary plus incentive based compensation. Our offices are located close to the GTA in Whitby, Markham & the City of Kawartha Lakes.

Tired of working long hours and getting stuck in traffic? We promote a work life balance by focusing on our families and giving back to our communities.

Apply in confidence to: ria@russellalexander.com

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Should Support Be Extended When the Recipient Spouse Loses Their Job?

In a recent case called Lawder v. Windsor, the court grappled with the issue of whether a support-paying spouse should have to pay for a longer period if the other spouse unexpectedly loses his or her job.

The couple had divorced in 1998 after 16 years of marriage. In 2000, the husband had been ordered by the court to pay $800 in monthly spousal support to the wife. He continued to make those payments until 2012, when he applied to the court for an order terminating his support obligations.

The husband claimed that in the circumstances, 12 years of paying support had been enough: he was now 56 years old and retired (he took an early retirement option as part of his termination due from a long-held job due to downsizing), and was two part-time jobs earning about $10 an hour. He also received a pension.

On the other hand the wife, now aged 51, was also employed and had enjoyed a steady increase to her income in the past five years. Unbeknownst to the husband, her income during that period rose from $38,000 to over $62,000 in 2012.

The glitch, however, was that the wife had recently lost her job due to corporate restructuring. She had received a termination package, but on the grounds that she was now unemployed she wanted the husband to continue paying support. (The court pointed out that she had provided no proof that she was actively looking for work, however).

The court considered the circumstances, and declined to extend support; it terminated the husband’s support obligations effective one month hence.

The court reasoned that spousal support was designed in part to compensate the wife for any economic disadvantage that she had suffered as a result of the marriage or its breakdown. That goal had been achieved through the husband paying support since 2007; the job loss now had nothing to do with the marriage or its breakdown.

Further, it was clear that the wife had achieved economic self-sufficiency: she had gotten a good job with a high degree of responsibility, and her income had increased steadily in the past five years alone. She had also never asked for a review of the support order and had never taken advantage of its built-in indexing of support amount.

In short: The wife’s recent job loss was not a good reason for extending support now; there was nothing to suggest that her temporary unemployment would affect her self-sufficiency in the bigger picture, and any short-term financial setback was something she could address through her own efforts and diligence.

For the full text of the decision, see:

Lawder v. Windsor, 2013 ONSC 5948  http://canlii.ca/t/g0qb3

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at www.RussellAlexander.com.

Top 5 Tips for Dealing with the Family Responsibility Office

tips

Top 5 Tips for Dealing with the Family Responsibility Office

A while ago I wrote about the role of the provincial Family Responsibility Office (FRO) More About The Family Responsibility Office, Some Common Problems Addressed.  (For those who aren’t aware: In Ontario, all child support orders are automatically filed with the FRO, which operates under legislation giving it an arsenal of mechanisms by which to encourage and enforce timely payment of support on the part of the paying parent.)

If you are such a payor pursuant to a court-issued Support Order, here are five tips for dealing with the FRO:

1. Always keep the FRO updated on address changes.

Otherwise, you may miss out on receiving the various noticed that the FRO is required by law to give you. These may include a warning that the enforcement mechanisms that can be levied against you are about to be stepped up – for example a notice that your driver’s license is about to be suspended.

2. Keep the FRO apprised of your employment situation.

If you have lost your job, have been laid off work, or have had your income reduced due to disability or a reduction of overtime, then the FRO should be made aware. In such situations your next step may be to obtain a variation of the filed child support order that triggers the FRO’s involvement in the first place, which will in turn affect the FRO’s role and mandate in the enforcement process.

3. Don’t ignore anything you have received from the FRO.

Many of the processes involving the FRO allow for only a few days for you to respond; the FRO may quickly escalate the remedies available to assist with collection and you don’t want to be surprised by any of them. The FRO’s available avenues for encouraging your compliance and payment can include: suspending your driver’s license or passport, a garnishee of your wages (via a “Support Deduction Order” sent to your employer), filing writs or liens against your property, seizing your income tax refunds and HST rebates, seizing your bank accounts and – last but not least – imposing jail time of up to 180 days.

4. Document everything.

This includes not only your correspondence with the FRO, but also the paper trail of any support payments that you have made. Payments to the FRO can be made by way of internet banking or telephone banking and may be the easiest to document; payments by cheque or money order are more cumbersome to track. But regardless of the method, make sure to designate the FRO case number on any payment that you make.

5. Always make the mandated support payments if you can.

As mentioned, the FRO has a wide arsenal of options to deal with delays or non-payment, including jail time if necessary. Naturally, these shorter-term consequences should be avoided if at all possible. But there can be longer-term drawbacks as well: arrears in child support payments will show up negatively on your credit bureau report, which can affect you for years to come.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.

For more information, visit us at http://www.russellalexander.com/practice/family-responsibility-office-fro-and-default-hearings/

So what do you think?  Do you have any tips or comments for dealing with FRO?

Wednesday’s Video Clip: The Need for a Support System

 

Wednesday’s Video Clip: The Need for a Support System

In this short video Russell Alexander discusses the importance of having a support system in place when you go through a divorce.
 
At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. 
 
For more information, visit us at  www.RussellAlexander.com