Spousal Support Advisory Guidelines

The Spousal Support Advisory Guidelines are not legislated guidelines.  Although they assist family lawyers and the courts in determining the appropriate range of spousal support in a case, the SSAG are not binding on a court.   A judge has the inherent discretion to determine what he/she considers the appropriate quantum of support.  In Fisher v. Fisher, the Ontario  Court of Appeal held that...

Entitlement to Spousal Support

The courts have held that an Applicant for spousal support, must demonstrate the following in order to qualify for interim (ie. temporary support): (more…)

How to Prepare for your Separation/Divorce

In some of our cases, the parties separation has been “brewing” for quite some time.  One or both parties may think about separating from their spouse, but they do not approach a lawyer.   He/she may be preparing emotionally and financially to separate from his/her spouse.  In other cases, a spouse may be surprised to learn that his/her spouse wants to separate.  It comes as a...

Finding a Divorce Lawyer

A separation/ Divorce is a very traumatic event.  It is important to find a Family/Divorce lawyer that you can work with and assist you during this difficult time in your life.  Some lawyers are willing to listen to your feelings while others are strictly business.  You have to decide which type of lawyer you want. (more…)

Compliance with Court Orders

Our office recently acted for the Wife in the decision of Molina v. Molina 2011 CarswellOnt 3569 (Ont. S.C.J.).   In this case, the Husband breached several court Orders.  As a result, we brought a motion to strike the Husband’s pleadings for not complying with the Orders. (more…)

How to Work with a Lawyer

When you first meet with a lawyer, it is important to be organized.  It is always great when a client has all of his/her questions  prepared and ready to go.  Although it is not always possible to gather all of the necessary documents to substantiate your claims, it is great when a client has some documents to substantiate his/her claims and/or assets and liabilities.  When you are organized,...

Spousal Support – Variation of a Final Order

A court has limited jurisdiction to vary a final Order for spousal support on a temporary basis (Crawford v. Dixon 14 RFL (5th) 267 Ont SCJ).  The moving party must demonstrate that he/she has a prima facie case, there must be a clear case of “hardship or urgency and the applicant must come to court with clean hands”. The court will look at the means of the parties and determine if...

Spousal Support – Objectives

This is a difficult issue for a lot of payors.  However, a party has to recognize that a marriage is a partnership.  Once the partnership breaks down one party may have to compensate the other party.  (more…)