support

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Unmarried Couple With Separate Homes May Still Give Rise to Spousal Support

Many believe that spousal support only applies to married couples. In fact, common law spouses may be required to pay spousal support as well. When are common law partners considered “spouses”? Section 29 of the Family Law Act provides an expanded definition of “spouse” with respect to support obligations which includes either of two persons [...]

5 Reasons to Consider Mediating Your Separation

When couples decide to separate, many instinctively believe the first step is to retain a lawyer. Our clients often tell us they had no idea that the option to mediate their separation existed until they came across it online, or heard about it from a friend, family member, or colleague at work. For many, the [...]

Are children’s cell phone costs to be shared by separated parents?

The Federal Child Support Guidelines allow for the sharing of "special or extraordinary" expenses for children, proportionate to their incomes.  This is in addition to basic child support calculated under the Guidelines.  The issue of what is "special or extraordinary" comes to court often.  Even more frequently, this issue is part of out-of-court discussions, negotiations, [...]

By | February 21st, 2014|children, support|1 Comment

Voluntary retirement doesn’t mean spousal support ends

Often when parties separate, they include a clause in their separation agreement that says spousal support can end or be reviewed when there is a "material change of circumstances".  What does this mean if the payor chooses to retire? In the case of Walts v. Walts, Justice Minnema of the Ontario Superior Court of Justice [...]

By | January 14th, 2014|changes, court decisions, review, support|1 Comment