DeRusha Law Firm

What does the term “Undue Hardship” mean in payment of support amounts?

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 cause undue hardship which include a parent with unusually high access costs, a parent with a legal duty to support any other person, and a parent with unusually high debts reasonably incurred to support the family

How can I change a Final Order of the Court in Ontario?

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 the Court that granted the original Order. If a support order or agreement has been assigned to a person or an agency pursuant to the Final Order, the parties are required to serve the assignee as if the assign

What are the factors that the Court sees in granting orders for retroactive child support?

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 retroactive child support award is appropriate, a Court will balance fairness to the child, flexibility, and the parents’ interest in certainty. The Court considers factors such as the reason for the delay in making the

How is the Hague Convention relevant in Custody and Access matters?

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 Hague Convention, and Ontario court is required to return a child to the jurisdiction in which he or she is habitually resident. The only exception is where there is a grave risk of physical or psychological harm

What does the term “Net Family Property” mean in Family Law?

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 equalize the difference between them. To determine the difference, each spouse calculates his or her net worth on the date of marriage and on the valuation date. The increase is known as the net family property.

What does the term “Matrimonial Property” mean in Family Law?

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 reasonable prospect of reconciliation and divorce), property rights are governed by title. Upon marriage breakdown, the concept of equalization of properties and assets come into play. It may be noted that only

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