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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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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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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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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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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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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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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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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Take Care to Ensure Your Family Law Claim is Not Barred by a Limitation Period

Limitation periods prescribe the amount of time a party has to pursue a claim. If a claim is commenced beyond the expiration of a limitation…
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Does Re-Partnering Impact Spousal Support Awards?

The re-partnering of a spouse following separation or divorce can impact an existing spousal support order. If a new partner is helping provide for the…
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