Child Support: There is No Defined Cut-off Date for When a Child Ceases to Be a Dependent
Introduction: There is no fixed cut-off date in the law determining how many university degrees a parent must fund through child support. Whether a child ceases to be a dependent is assessed based on the facts of each individual case.
Spousal Support Recipients are Obligated to Contribute to Their Own Support
Having to pay spousal support can be a difficult pill to swallow; especially if it appears that your spouse is not attempting to support herself or himself. The case of Waye v. Cook, 2015 ONSC 7151 emphasizes that a recipient of spousal support has an obligation to support himself or herself, even if he or she is incapable of earning as much as his or her spouse: The recipient spouse has to try.
A Decision of Interest How to Make Sure You Aren’t Paying Twice
What do a loan shark and an ex-spouse have in common? Chances are, they’re both charging you interest. Bad jokes aside, separated and former spouses in family court often find themselves facing high interest payments to their spouses following the completion of lengthy litigation.
The Danger of Placing Assets Solely in a Spouse’s Name
It is common for self-employed individuals to place their assets in their spouse’s name to protect them from creditors. What happens, however, in the event of a separation? Do they belong solely to the spouse who received the assets since the assets are solely in their name? Who retains the assets?
Does Child Support End for Disabled Children?
In Ontario, the laws regarding child support require a parent to pay support until their children turn eighteen, or, until their children withdraw from parental control. But what happens if children cannot attain independence on account of a medical or other disability? Are parents bound to pay support forever?
The Dangers of a Home Made Separation Agreement
While the idea of a home made separation agreement may seem like an appealing way to save on the costs of hiring a lawyer, there are a number of traps that can catch unwary spouses looking to separate quickly and easily. These traps can cost them far more than they ever bargained for.
I am Supporting My ExWife... And Her New Boyfriend
It can take a while to work through the court process to obtain a final order for any relief sought. Parties often bring motions for temporary orders for some relief prior to a final order being granted, but these temporary orders are not binding on the trial judge.
Child Support and Dependent Credits: How Simple Solutions Can Cause Complex Problems
Who gets to claim the children as dependents at tax time? Sometimes the answer to this question is straightforward. Parents with primary physical custody of their children can claim them as dependents and claim a deduction. Other times, such as when parents share custody and residence of their children this can become substantially more difficult. A dependent credit can only be claimed by one person. This means that Canada Revenue will not split your credit between you and your former spouse or partner (even if you ask nicely).
The “Best Interest of the Child” Is a Fundamental Principle in Family Law and Their Voices Matter
Introduction: The "best interest of the child" is an important principle in family law supported by case law and legislation. The essential principle focuses on the right of a child and obligations upon the parents. The best interest of a child must be determined on a case-by-case basis considering the child's needs.