May 24, 2023
What Income Can be Imputed When a Party Returns to the Workforce?
In the context of support obligations, when a party is underemployed and is earning less than they are able to, they may face having income…
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May 10, 2023
Can Recommendations by the Office of the Children’s Lawyer be Used on a Parenting Motion?
When parents are going through a separation or divorce, determining parenting arrangements can sometimes be contentious. Sometimes, the Office of the Children’s Lawyer may become…
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April 25, 2023
Can You Claim Child Support Payments From a Deceased Payor’s Estate?
Disputes regarding children can be emotional and complex. When an order for child support is awarded, parties often only consider the obligation in the current…
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April 11, 2023
Is it Ever Too Late to Return a Child After a Wrongful Removal?
When a child is wrongfully removed from their habitual residence, it is generally in their best interests to be returned home where they have their…
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March 27, 2023
What Notice is Required to Reduce Child Support Retroactively?
Over the years, case law has helped provide a framework for applications concerning the retroactive variation of child support obligations. Previous judicial commentary has acknowledged…
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March 14, 2023
Changing a Child’s Residence May Require Court’s Oversight
In most cases, a parent who wishes to move to a new residence with a child will be required to provide notice of the proposed…
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February 28, 2023
Failure to Respond to Court Application Can Lead to an Uncontested Trial
When a family law application is filed, the respondent has a window of time to file their Answer. If they fail to provide the required…
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February 13, 2023
Navigating Partition and Sale of a Matrimonial Home and Children’s Best Interests
When a relationship ends, parties living together in a jointly owned home may be required to sell the home to unlock and share the equity…
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January 30, 2023
Unemployment Does Not Exempt A Parent From Paying Child Support
A parent’s obligations to pay child support do not cease simply due to a period of unemployment. While an application to vary the amount of…
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January 16, 2023
Can the Impact of Inflation Justify a Variation in Spousal Support?
In recent months, inflation has been a prevalent topic of conversation. Inflation comes with increased expenses resulting in a higher cost of living for many.…
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