June 14, 2017

A Court in Ontario has the discretion to award an amount different from the Child Support Guideline Table amount if the Court finds that a parent or child would otherwise suffer undue hardship. The Guideline identifies a non-exclusive list of circumstances that may cau...

June 13, 2017

A Final Order under either the Divorce Act or the Family Law Act may be varied/changed if either parent can demonstrate a material change in circumstance that, if known at the time, would have likely resulted in a different order. The variation/change must be sought in...

June 12, 2017

A Court may order child support payable for a period preceding the commencement of an Application. The parents’ obligation to support their children in accordance with their incomes is a right of the children independent of any statute or order. To decide if a retroact...

June 9, 2017

Canada is signatory to the Convention on the Civil Aspect of International Child Abduction (Hague Convention). The Hague Convention states that custody and access determinations occur in the jurisdiction in which a child is habitually resident. Under the terms of the H...

June 8, 2017

The Family Law Act lays down a regime for division of property upon breakdown of marriage. The formula is designed to calculate the growth of each spouse’s net worth from the date of marriage to the date of separation (which is referred to as the “valuation date)” and...

June 7, 2017

Under the Family Law Act in Ontario, only married or formerly married spouses have rights to the matrimonial home. This includes same-sex couples who have been legally married. Prior to the marriage breakdown (which includes the death of one spouse, separation with no...

May 8, 2017

According to the Family Law Act, the matrimonial home is treated as a special type of property.  The rules governing the ownership of regular property (such as the name on the title is presumed to be the owner) do not apply. Hence, both spouses are seen as joint owners...

May 5, 2017

The obligation to provide support will depend on whether the parties are seen as spouses under the law.

While married persons are automatically recognized as spouses, this is not so for unmarried persons.Under the for unmarried persons to be classified as spouses, they...

May 4, 2017

Employment Insurance is included in calculating the ratio in which the special expenses should be paid. This job benefit is seen as income replacement but not social assistance (such as welfare). Employees usually pay into the employment insurance scheme while they are...

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