How Is A Business Valued In A Divorce?
A business is an asset that must be valued in order to determine a party’s net family property. A business will be valued based on the “fair market value” of the business. The buyer and the seller are assumed to be hypothetical and the transaction is assumed to take place under normal conditions. The determination of “fair market value” of a business is...
Be careful of how you obtain information/documentation from your spouse!!!!
The Ontario Court of Appeal has recently recognized a new cause of action dealing with invasion of privacy. The tort is called “intrusion upon seclusion”. In order to be successful a claimant must show the following: (more…)Property Division and Bankruptcy
The recent Supreme Court of Canada decision of Schreyer v. Schreyer has confirmed that when it comes to the division of a former Husband and Wife’s property, the relationship between the spouses is only a “debtor-creditor relationship”. (more…)Do I pay child support if my child is in University? How long do I have to pay?
When a child attends university away from their home, the support obligation will still continue. Although a court may reduce the amount of base support when the child is away at university, the payor will likely pay the full amount of support when the child returns home after the school year. If the child does not return home very often during the school year, there is a stronger argument...When does my child support obligation end?
A parent is liable to pay child support for his/her dependent child(ren). As long as the child is enrolled in a full time program of education, and is applying him/herself to his/her studies, the child will be entitled to child support. If the child is unable to attend in a full time program of education due to health issues, the child will still be entitled to support. The nature of the...Can I end my child support obligation?
Some fathers are quite surprised that they will be liable for child support for a Child eventhough they have no relationship with the Child. The biological father cannot sever his relationship with the child (unless they consent to an adoption of the child by a step-father) and then claim that he/she has no support obligation. However, if the child is an adult (over 18 years of age), it may...Can a non-biological parent be responsible for child support?
A person can also be liable for child support for his/her dependent child if he/she has assumed the role of a parent for the child. This person is deemed to be in loco parentis to the child (or stands in the place of a parent to the child). In determining whether or a not a person stands in loco parentis to a child, a court will examine various aspects of the child’s relationship with the...Paternity / DNA Tests
A biological parent is responsible for supporting his/her child. If there is any doubt that a father is the child’s biological father, a court can order that this person attend for DNA testing to determine if he is the child’s biological father. (more…)