Tag: Family Law

Thinking of Getting Married? Maybe You Should Consider A Marriage Contract

There is more to marriage than just a party with a DJ and catered food. Getting married is a serious legal undertaking which involves significant financial consequences. I realize that discussing a marriage contract with your spouse can be extremely difficult and may spoil the mood. Marriage contracts are not for everyone – but they may be helpful for some (if they can muster up the courage to discuss the contract with their spouse).

What happens to your property when you do not have a marriage contract?

The Family Law Act (the “FLA”) is the legislation that applies to property upon marriage breakdown – it provides default regime for those of us who do not have contracts. The philosophy of the FLA, is that subject to certain exceptions*, any financial growth during the marriage is to be shared equally by both spouses. Accordingly upon marriage breakdown caused by separation or death, a calculation is done for each spouse to determine the growth in the value of that spouse’s assets during the marriage. The FLA then prescribes that a payment is to be made by one party to the other to provide for equal financial growth during the marriage.

Please note a common misconception is that parties will end up with the same net worth on marriage breakdown – this is not necessarily true, especially if one spouse came into the marriage with significant assets!

The exceptions mentioned above relate primarily to the matrimonial home, inheritances and gifts. Note that if you are living in the same home at the date of marriage as at the date of separation or death, the entire net value of the home is shared equally between the spouses, but if you move homes the entire net value of the home is NOT necessarily shared equally between the parties. The court may award a spouse an amount that is more or less than half the difference between net family properties if the court is of the opinion that equalizing net family properties would be unconscionable.

Marriage Contract

Parties wishing to opt out of the property provisions of the FLA can enter into a marriage contract to provide for different provisions than contemplated in the FLA. Among other things, a marriage contract may deal with: – property; – support obligations; and – directing the education and moral training of children.

Note that if you decide to enter into a marriage contract the court may set aside a contract for various reasons including if: – If a party failed to disclose to the other significant assets or significant debts or other liabilities existing when the domestic contract was made; – If a party did not understand the nature and consequences of the domestic contract; and – Otherwise in accordance with the law of contract.

Further the court may disregard any provision of a contract respecting provision for support if: – the provision results in unconscionable circumstances; – the provision relates to a dependent who qualifies for social assistance; or – there is a default in paying support under the contract.

If you are interested in drafting a marriage contract please contact Ashley Doidge of Devry Smith Frank LLP at 416-224-1996 or Ashley.doidge@devrylaw.ca

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

By Fauzan SiddiquiBlog, Wills and EstatesAugust 13, 2019July 5, 2023

My estranged wife is denying me access to our baby. She refuses to communicate with me and I am yet to meet our new-born child. Is there something I can do?

Ontario Family Court judges generally have a very dim impression of parents, mothers or fathers, who deny their children the opportunity to have a relationship with both parents. Section 16(10) of the Divorce Act requires that judges give children of married parents the maximum possible contact with each parent that is consistent with the child’s best interests. Section 20(1) of Ontario’s Children’s Law Reform Act states that, until decided otherwise, parents are equally entitled to custody of a child. A significant exception to this is when one parent leaves the child in the care of the other parent at separation as this action typically connotes that by doing so, the leaving parent gives the other parent temporary full custody of the children.

That being said, the foregoing principle may not apply in a situation whereby the separation occurred prior to the child’s birth and the leaving parent was not actually given the opportunity to leave the child. Even for very young children, especially infants, current research says that frequent contact with both parents is ideal to allow the children to form a relationship with their parents and vice versa.

When one parent refuses to allow the other parent to have contact with a child, it could in fact become a situation where it is possible to obtain an emergency family court order; however, if deemed possible, parents should first try parenting mediation with a parenting professional, before going to court. The parenting professional can help the parents understand the child needs and help them work out a parenting plan that best suits the child’s needs at each stage of development.

If one parent does not agree to mediation, it is still beneficial to suggest this option to the other parent because Ontario family courts prefer parents take a more amicable approach, as opposed to one that is likely to cause conflict. Nonetheless, if a parent is denying a child the opportunity to have a relationship with both parents, it is always advised to seek advice from an experienced legal professional.

For assistance with family separation and child access, contact experienced and certified specialist in family law, John P. Schuman of Devry Smith Frank LLP. Contact him directly at 416-446-5080 or email john.schuman@devrylaw.ca

By Fauzan SiddiquiBlog, Family LawMay 28, 2019September 30, 2020

My ex-spouse refuses to amend the schedule and allow me to take our child on vacation. What can I do?

Taking the children away on a vacation is a frequent source of conflict after separation, and is the subject of many Family Court motions. The non-travelling parent may be jealous, or may worry that the trip could give the travelling parent the advantage of having a better relationship with the child. Judges, on the other hand, are less concerned with these factors and are instead focused on deciding whether or not the trip is in the child’s best interest.

If the parents have lawfully separated or divorced, a Separation Agreement or Divorce Order is likely already in place to stipulate to the custody arrangements. A typical Separation Agreement or Divorce Order contains detailed information pertaining to the precise days and times the children are to spend with each parent. That being said, Judges will generally allow changes to the parenting schedule to allow a child to go on a vacation.

What do you do when a parent unreasonably refuses a travel request?

Unfortunately, it may be necessary to go to family court if one parent continues to unreasonably refuse to allow the other parent and child to travel. One advantage of going to court were the judge to be sufficiently dissatisfied, the resulting court order may dispense with the need to obtain travel consent in the future.

Nevertheless, if the trip is looming, it is best to obtain legal advice specific to your situation. Getting proper advice will give you the best possible chance of the vacation going ahead as planned.

For assistance with a divorce or separation, contact certified specialist in family law, John P. Schuman of Devry Smith Frank LLP. He is the partner managing the Family Law Group at DSF, a full service law firm. Contact him directly at 416-446-5080 or email john.schuman@devrylaw.ca

By Fauzan SiddiquiBlog, Family LawMay 17, 2019September 30, 2020

Setting Aside Orders in Family Court

For various reasons, family law litigants may fail to participate in their court proceedings, placing them at risk of being “noted in default”. The court may then make “uncontested” orders in their absence, based on the evidence of the moving party only. It may come as a great surprise to learn that these orders are often detrimental to the absent litigants’ interests. As a result, they may seek to change or set aside these orders. Sometimes, litigants learn about these court orders for the first time when the Family Responsibility Office informs them of their significant support arrears.

Until the Ontario Court of Appeal’s decision in Gray v Gray 2017 ONCA 100, there was confusion in Ontario regarding the appropriate route to remedy uncontested orders. One line of cases relied on section 25(19) of the Family Law Rules to set aside orders, which allows the court to “change” orders based on a list of factors, despite the rule making no explicit mention of “setting aside” an order.

Another line of cases rejected this approach, instead relying on either the court’s inherent jurisdiction to set aside an order to prevent a miscarriage of justice, or rule 19.08 of the Rules of Civil Procedure, which provides the court with jurisdiction to set aside orders in ordinary civil matters.

Gray v Gray settled this dispute and concluded that family law litigants may appropriately rely on section 25(19) of the Family Law Rules to set aside uncontested orders. The actual test to be applied on a motion to set aside an order appears to be unchanged from the previous jurisprudence, however. This test remains consistent with the primary objective of the Family Law Rules to deal with cases justly. To this end, the Ontario Court of Appeal in Mountain View Farms Ltd. v. McQueen 2014 ONCA 194 held that dealing with a claim to set aside an order justly requires a consideration of the following factors:

Whether the motion was brought promptly after learning about the judgment;

Whether there is a plausible excuse or explanation for the defendant’s default in complying with the Rules;

Whether the facts establish that the defendant has an arguable defence on the merits;

The potential prejudice to the moving party should the motion be dismissed, and the potential prejudice to the respondent should the motion be allowed; and

The effect of any order the court might make on the overall integrity of the administration of justice.

If you believe you have grounds to set aside an order, it is important to speak with knowledgeable family counsel promptly, as any additional delay has the potential to cause significant prejudice to your case.

Contact Mason Morningstar of Devry Smith Frank LLP for help determining your rights and obligations in this regard.

mason.morningstar@devrylaw.ca or 416-446-3336

By Fauzan SiddiquiBlog, Family LawApril 16, 2019June 14, 2020

How Can I Obtain Custody of the Family Pet in My Divorce? – My Soon to be ex-husband is Keeping My Pet Away From Me

Under Ontario’s current Family Law Legislation, pets, of any sort, are not treated like children they are, for all purposes of law “property”, like furniture, cars or bank accounts. So, judges do not decide things on the basis of the “best interests of the pet”, the way judges decide parenting issues on the basis of the best interest of the child. Since the “best interests” do not factor into the decision about who gets the pet, the issue about who gets to have the pet is determined by who owns the pet or who can prove to have “title” to the pet.

To answer whether you can get your pet back, you have to understand how property division works in separation and divorce. It is important to note that being married in Ontario does not give spouses an automatic right to ownership of each other’s possessions. That said, the pet in question, belongs to whomever paid for it. However, if there happens to be pedigree papers, the owner listed on that document or other paperwork that proves ownership is believed to be the legal owner. Ownership remains the same, regardless of whether spouses are married or divorced. Under Part I of the Family Law Act, married spouses share in the value of each other’s property but do not own each other’s possessions in any way – unless they bought something in joint names.

Nonetheless, if you own the pet, your spouse does not and your spouse will not turn the pet over, you may have to start court proceedings. Rule 44 of the Rules of Civil Procedure give the Court the power to order the Sheriff’s office go to wherever your ex is residing and recover items that you have proven to the court belong to you. The procedure is quite complex and you will most definitely need a lawyer to assist both with getting the Order and with arranging the necessary security for damages that the Court Rule requires.

If you and your spouse own the pet jointly, then the situation becomes much more complex. You must put forth a Family Court Application under section 10 of the Family Law Act for a determination that you are the rightful sole owner of the pet based on the “principals of Equity” rather than title (because you have contributed more to the value of the pet than your spouse). Alternatively, you can claim, under that section, that you should be the owner who has possession of the pet because you will “preserve the asset” better. However, where there is joint ownership, and one owner does not want to buy out the other, Judges do not try to determine the value of assets, or force one party to buy out the others’ interest. The judge is likely to order that the pet be sold on the open market and the proceeds of sale divided between the owners (again Ontario Law treats pets and “property” and not as children). The judge may order that either party can put in offers/bids to buy the pet, with it being sold at the highest price. Alternatively, the judge may order that neither party can try to buy the pet if that would be best for all concerned.

If you and your ex can agree to it, you could go to Family Arbitration and instruct your arbitrator to decide the issue of where the pet should live based on the pets best interest. However, section 2.2(1) of the Arbitration Act, 1991 technically requires that assets acquired during a marriage, be divided according to the Family Law Act and not the parties’ instructions. Therefore, your best options might be to try to work something out through negotiation, mediation or collaborative practice, where the needs of the pet can come first.

For assistance with the division of assets during a divorce or separation contact experienced and certified specialist in family law, John P. Schuman of Devry Smith Frank LLP. He is the partner managing the Family Law Group at DSF, a full-service law firm located near Eglinton and the Don Valley Parkway in Toronto. Contact him directly at 416-446-5080 or email john.schuman@devrylaw.ca

By Fauzan SiddiquiBlog, Family LawMarch 27, 2019June 16, 2020

I Want to move Provinces However, I am Aware That I’d Need the Permission of My Child’s Father to Do So. But, can My Child’s Father Move Without My Permission?

If you, as a primary parent, want to move, you would need your ex’s permission because naturally, moving will interfere with him parenting your son. However, if he moves, then he will be interfering with his own time with your son, and, presumably, that will not affect your time with the child(ren). However, if he is moving away anyway, then it will be hard for him to deny you permission to move because your moving will not affect him or his time with your son, If you were emigrating to another country, then he might have a reason to oppose. However, chances are if he is moving considerably further away from that he may not be able to continue to see your son on weekends, then there is no reason to oppose you moving.

Deciding whether to permit one parent to relocate with the child(ren) is one of the most difficult dilemmas judges face and they consider a lot of factors in deciding whether to allow a parent to move away with the child/ren. The most important of these factors and perhaps the only one the judge will care about when drawing upon a decision is what is in the best interest of the child.

If your ex-partner refuses to give you permission to move, then you should explore the option of beginning family court proceedings without delay. Without your ex-partner’s consent, you cannot relocate with your child/ren and a judge could order you to return with the child/ren. – There are consequences for preventing access to the other parent and it would be, in most cases, impossible for a lawyer to predict, with certainty, how a judge will decide a “mobility case” – each case depends on its own specific facts. Having said that, your ex-partner may even have to pay some or all of your legal fees, if his reason for opposing your move is deemed unreasonable.

Furthermore, a parent having to spend an excessive amount to exercise access is one of the few bases on which a judge can reduce child support below the Table Amount in the Child Support Guidelines. That may not impact your decision to relocate after all, but it is something to consider. It is certainly more problematic for a parent to ask for a reduction of child support because of travel costs if the parent freely relocated and chose to incur those costs.

For more information regarding divorce, property division, marriage contracts or any other family law-related topic, contact Toronto family lawyer John Schuman at 416-446-5080 or John.Schuman@devrylaw.ca.

By Fauzan SiddiquiBlog, Family LawMarch 13, 2019July 5, 2023

I Owned the Home Before We Married – Why Does My Spouse Get a Share of It?

We are all familiar with the skyrocketing price of homes in Toronto and the surrounding area. It is not a simple feat to purchase a home – it requires a lot of hard work and obviously, money.

Picture this: you work your way through school, spend years in full-time employment, finally earn enough income to secure a home, make mortgage payments on your own for several years, meet your partner, marry said partner, separate from said partner, and then you lose a large portion of equity in your home to that partner.

For many, this is an unfortunate reality and the reason why is something our clients should be aware of, given that the family home is most often a couples’ most significant asset.

In Ontario, there are special rules in respect of the treatment of the matrimonial home upon marriage dissolution. The Family Law Act defines a “matrimonial home” as follows:

“Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home.”

It is important to note that a couple can have more than one matrimonial home. A cottage for example, ordinarily occupied by both spouses, can be a matrimonial home. A hunting cabin only ever used by one spouse on the other hand would not be considered a matrimonial home.

Under the law in Ontario, a couple’s property is not divided upon separation, but rather, the value of that property and more specifically, the growth in value of property that spouses share is divided. What this means is that if the title to the matrimonial home is in your name (perhaps you owed it before the marriage), it stays in your name (subject to some claims your spouse could make if he or she made significant contributions to the property), but your spouse has a right to claim a share in the value of a matrimonial home as part of an equalization payment dividing property.

Absent a marriage contract, the entire equity in a matrimonial home is always included in the value of assets that married spouses share. With almost every other type of asset, spouses only share in the growth in value during the marriage. Take for example an art collection – purchased by both spouses – this is something you and your partner would share the wealth in. The matrimonial home on the other hand is not. Section 5(2) of the Family Law Act does not allow a spouse to get any credit for bringing a property into the marriage if that property was a matrimonial home on the date of separation. So, without a marriage contract, a couple will share whatever value is in the matrimonial home.

Unless the matrimonial home is jointly owned, there is no right to “half” the home but instead, a right to have whatever equity lies within the home included in property/asset division.

In terms of possession of the home, both spouses have an equal right to possession pursuant to section 19 of the Family Law Act. What this means is that one spouse cannot unilaterally exclude the other from the matrimonial home, even if they own it. A spouse (whether on title or not) can also apply to the court for exclusive possession of the matrimonial home (s. 24 of the Family Law Act). A court order for exclusive possession has the effect of excluding a spouse from the property for a period of time as determined by the court.

If you are planning on getting married and own a home, you may want to consider putting protections in place and these protections would come in the form of a marriage contract. A marriage contract – entered into in anticipation or marriage or after a marriage has already happened – can exclude the matrimonial home from a spouses net family property. This would have the effect of the spouses not sharing in the equity in the home on date of separation. If the marriage contract is done properly, which requires the help of a lawyer, then judges usually think that giving a spouse credit for bringing the home into the marriage is fair.

For more information regarding divorce, property division, marriage contracts or any other family law related topic, contact Toronto family lawyer John Schuman at 416-446-5080 or John.Schuman@devrylaw.ca.

By Fauzan SiddiquiBlog, Family LawMarch 5, 2019July 5, 2023

What The Death of Riya Rajkumar Means For Family Law Custody Cases

Millions of people were startled late last night to when the emergency tones went off for the Amber Alert for Riya Rajkumar, only to learn, minutes later, that she had been found, but not safe. Riya did not return from an “access visit” with her father for her birthday. Her mother contacted police because she received messages about the father harming Riya. The police found Riya’s body in the middle of the night. They also found her father, who was arrested for murder. The whole event seems disturbingly similar to the murder of Luke Schillings in 1997 and other similar incidents that resulted in changes in Family Court in 2009.

Predictably, everyone wants to prevent this kind of event from happening again. Almost immediately, there were calls to cut off “access” to fathers, for presumptions of supervised access, and for family courts to be vigilant and act on any hint of possible abuse, separating all ties between children and parents. Doubtlessly, Children’s Aid Societies will be under tremendous pressure to be more intrusive in the lives of separated families to make sure this does not happen again.

Having practiced Family Law for twenty years, these reactions do not seem so much as an overreaction, but a wrong reaction. Fortunately, these cases are extreme. Judges are vigilant about protecting kids. Custody/Access cases entirely revolve around what is in a child’s best interest and there are no such things as “parental rights in Ontario.” Parenting is a responsibility – a responsibility to ensure that your children group up in the best way possible and meet the fullness of their potential. It goes without saying that what happened to Riya was not in her best interest. However, we do not yet know how the system failed her.

High Conflict Separations are dangerous for children. Even without the threat of physical violence, high levels of conflict between parents is really harmful for children. Parents who are overcome with anger with their ex spouse frequently act irrationally and do terrible things, including making false allegations of abuse. False allegations that judges then have to sift through and try to determine what is factual and what is a parent’s unreasonable act of anger or mistrust in the midst of conflict. Neither parent has a monopoly on being on the “wrong side” of parenting conflicts.

Separating children from their parents each time there is any suspicion of harm is not deemed healthy for the children. Ask any social worker or psychologist and they will tell you that children need to have a relationship with their parents. This is apparent even if the parent is not a is difficult to get along with. Part of a child’s development, is building a stable sense of identity, rejecting what they do not like in other people, including their parents. Only serious safety concerns should prevent a child from having a relationship with a parent. Conflict and fighting can cause serious safety concerns.

People involved in Family Court are aware of the need to devote more resources towards mental health, particularly parents and children. If someone feels that it is necessary to self-harm or harm others, then the system is required to provide that support quickly.

It also goes without saying that reducing the conflict can reduce the stress and potential for harm to children. Family Mediation, Parenting Coordinators, and Collaborative Practice, are all options for separated parents to avoid the increase in hostility, negative emotions, bitterness and anger that often accompanies Family Court. The professionals in those disciplines are often good at reducing the conflict, while identifying any underlying concerns, directing the parents, and children, to appropriate resources. In addition, just speaking to a good family law lawyer, can give parents the advice they need to focus on what is important and direct their attention away from the anger they may feel towards the spouse. A good counselor/divorce coach can also help parents address their emotions in a positive way.

Focusing on being right often makes things worse. But a good lawyer will direct their clients, and their children to places of safety and provide a good impartial assessment of risk. Many police forces also offer risk assessments, as do children’s aid societies. These resources can help parents decide when it might be unsafe to allow a parent see a child.

Parents who are worried about their children’s safety do need to take the appropriate legal actions in response. In times of crisis, then many options are off the table, and that is when it may be time for Family Court, or 9-1-1. If you are not sure about your situation, get some professional advice and do not take the risk of allowing your child to be being harmed.

The best way to protect yourself, your children, your possessions and anything else important to you, is to find out how the law applies specifically to your situation and what steps you should take. Contact highly experienced family lawyer John Schuman, of Devry Smith Frank LLP today at john.schuman@devrylaw.ca, alternatively, 416-446-5869.

You can get a lot more information about Ontario Family Law issues, including property division, support, and most other common family law issues by downloading this $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone or ordering it from Amazon as a paperback.

By Fauzan SiddiquiBlog, Family LawFebruary 15, 2019June 14, 2020

Is There Such A Thing As “Spousal Abandonment” in Canada?

What happens if your spouse just ups and leaves? Can you press charges? Is there an automatic right to divorce?

A reader recently posed these questions. Simply put, the answer is no.

In Canada, we have what can be effectively termed “no fault” divorce. This means that a Court does not have to find one spouse or the other is at fault for the breakdown of the marriage. So although it may be “wrong” for your partner to abandon you, it is not “illegal” and it is not a valid ground for divorce.

The only ground for a divorce in Canada in the Divorce Act is “marriage breakdown”. The Divorce Act says you can show your marriage has broken down if any one of the following criteria applies to you:

You have been living apart for one year or more.
Your spouse has been physically or mentally cruel to you.
Your spouse has committed adultery.

It is most common for a spouse to divorce based on having lived “separate and apart” with no reasonable prospect of reconciliation for at least one year. You do not need to establish that one spouse behaved badly in order to secure a divorce on the basis of a one-year separation.

The other two grounds for divorce are much more difficult to rely on: you can seek a divorce on the grounds that your spouse committed adultery, or treated you with such mental or physical cruelty as to render continued cohabitation intolerable. A divorce on either of these grounds is available less than one year after separation. However, unless your spouse is willing to admit to this behaviour – which for obvious reasons, not many people would – you must prove these grounds and it can be very costly to do so.

So if your spouse does up and leave you, you have remedies – you could file for divorce or initiate a court application for spousal support, or if you have children, child support – but a charge or declaration of “spousal abandonment” is not one of these remedies.

If you are considering a divorce or you and your spouse have been living apart for a significant amount of time, contact John Schuman of Devry Smith Frank LLP today at 416-446-5080. Alternatively, email john.schuman@devrylaw.ca

“This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”

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By Fauzan SiddiquiBlog, Family LawFebruary 14, 2019September 2, 2022

When Can I Stop Paying Child Support?

Many payer parents in Ontario mistakenly assume that child support automatically ends when their child turns 18. The law, however, says otherwise. The basic premise of child support is to ensure that children benefit from the support of their parents when they are unable to become self-sufficient. Viewed in this light, the question of age becomes less important than the child’s ability to support herself.

In Ontario, we normally look to three statutes when dealing with child support: the Federal Child Support Guidelines, the Divorce Act, and the Family Law Act. The Guidelines largely provide a framework for determining the amount of child support to be paid once it is established that the child in question is entitled to support. When dealing with adult children, the Family Law Act explicitly states that they remain entitled to child support where they are enrolled in a full-time program of education. The Divorce Act entitles adult children to support where they are “unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life”. Case law has long since accepted “other cause” to encompass children pursuing full-time education.

The meaning of “full-time” education causes further confusion. Courts have found children to be enrolled in a full-time program, despite taking less than a full course load. Generally, this is the case where the child’s participation remains consistent with the program’s objectives. This vague interpretation can cause uncertainty – where there is uncertainty, courts generally err on the side of providing children with support.

Further, a break in the continuity of the child’s education does not necessarily terminate support. It is common for children to enroll in a post-secondary program only to realize that their chosen program is not for them. They may then take a semester or a year off before changing programs. While child support would likely end for the period during which the child was no longer enrolled in school, the child can re-qualify for support once she enrolls in another program. The longer the child remains out of school, however, the greater the expectation will be for her to become self-sufficient.

Courts have also held in some circumstances that child support should continue for a brief period of time following a child’s completion of post-secondary education, to support the child’s transition to the workforce. It is reasonable to expect a brief amount of time for the child to secure employment.

In addition to the basic table amount of support, the payor may be required to contribute to the child’s education expenses, such as tuition, textbooks, meal plans, rent, etc., in accordance with section 7 of the Federal Child Support Guidelines. These are referred to “special or extraordinary expenses”. This exercise may be more complex, as it requires a proportional calculation of the expenses based on both parties’ incomes, and an accounting of the child’s obligation to contribute to her own education expenses. However, this is often painlessly navigable with a knowledgeable family lawyer.

Lastly, some ex-spouses prepare separation agreements detailing a “terminating event” for child support. A standard agreement may have child support terminating once the child reaches the age of 21, or obtains a post-secondary degree. Notwithstanding the validity of this type of agreement, the courts retain the authority to decide not to be bound by these terms.

Terminating child support is often more complicated than it seems at first blush. If you are considering terminating your child support payments, or your ex-spouse has stopped making payments to you, contact Mason Morningstar of Devry Smith Frank LLP for help determining your rights and obligations in this regard.

mason.morningstar@devrylaw.ca or 416-446-3336

By Fauzan SiddiquiBlog, Family LawFebruary 8, 2019July 5, 2023

LAWYER SEARCH

Tag: Family Law

Thinking of Getting Married? Maybe You Should Consider A Marriage Contract

My estranged wife is denying me access to our baby. She refuses to communicate with me and I am yet to meet our new-born child. Is there something I can do?

My ex-spouse refuses to amend the schedule and allow me to take our child on vacation. What can I do?

Setting Aside Orders in Family Court

How Can I Obtain Custody of the Family Pet in My Divorce? – My Soon to be ex-husband is Keeping My Pet Away From Me

I Want to move Provinces However, I am Aware That I’d Need the Permission of My Child’s Father to Do So. But, can My Child’s Father Move Without My Permission?

I Owned the Home Before We Married – Why Does My Spouse Get a Share of It?

What The Death of Riya Rajkumar Means For Family Law Custody Cases

Is There Such A Thing As “Spousal Abandonment” in Canada?

When Can I Stop Paying Child Support?

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