Child Support – Sources of Income

According to s.16 of the Federal Child Support Guidelines, in order to determine the quantum of child support, you must first calculate a payor’s total income.   The courts have evaluated certain types of “income” and considered whether or not it should be considered in determining the payor’s income: (more…)

Child Support – When is the Recipient’s income Considered?

Our family lawyers frequently get asked by support payors when is their spouse’s income considered in relation to child support.  A recipient’s income is relevant in the following circumstances: (more…)

Severance Pay in Determining Income for Child Support

When one obtains severance pay from his/her employer, it is considered income for the purposes of determining child support.  Most payors seem to believe that it is an asset rather than income.  This is incorrect.  Severance pay is income replacement.  As such, it is considered in evaluating child support obligations. (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...

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…)

Insurance for Child Support

When there are children of the relationship, or a spousal support obligation, it is important to have a provision in any separation agreement dealing with life insurance. These provisions serve as security for child support/spousal support in the event that the support payor dies while the dependent is entitled to child/spousal support. (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,...

Child Support – Disabled Child

Section 31 of the Family Law Act states that “Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so.  The support obligation does not extend to a child who is 16 yrs of age or older and has withdrawn from parental control”. (more…)

Child Support – Adult Children

Adult Children (ie. over the age of 18 yrs) are only entitled to child support if they are dependents as defined by the Divorce Act and the Family Law Act.  An adult child is entitled to child support if he/she is “enrolled in a full time program of education”.   Various court decisions have held that it is not sufficient for the adult child to simply be enrolled in school on a...

Section 16 of the Federal Child Support Guidelines – Calculation of Income for Support Purposes

This section provides that in determining a person’s income for child support purposes, you must look at the total income until line 150 in a person’s Income Tax Return and adjust the income as required by Schedule III to the Guidelines. (more…)