What Should a Child Call a Stepparent?

Separated parents face a number of challenges when they decide to start another relationship. One of those challenges is deciding what the child should call the stepparent. The name that a child calls his or her stepparent can set the stage for either a loving relationship or endless battle. The relationship between the natural parents is one of the factors that should determine what the child...

How long does support continue? How many degrees?

Just because a child is a full time student does not necessarily mean that he/she is a “child of the marriage” and is entitled to support.  However, the courts are reluctant to terminate support prior to a child obtaining at least one post-secondary education degree. The courts seem to be willing to give children extra time to finish their first post-secondary education degree,...

Child Support under the Family Law Act

Section 31 of the Family Law Act provides that “every parent has an obligation to provide support for his/her unmarried child who is a minor or is enrolled in a full time program of education…the obligation does not extend to a child who is 16 years of age and older and has withdrawn from parental control”. Although the Act states that a child must be enrolled in a...

Social Media and Family Law

It important to recognize that online information can greatly assist your matter (gathering evidence etc.), but it can also be used against you. You must remember the following **:   1. Although there are privacy settings on social media sites, there are no real secrets on these sites.  It is important to limit the information on the site and to increase your privacy settings; 2. Some...

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...