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Publications

Spousal Support Guidelines When Your Income is Above $350,000

By | Blog

It’s almost a decade into the Spousal Support Advisory Guidelines (“SSAG”) era, we are coming to terms with the guidelines. Courts are using SSAG fairly routinely and thereby providing more predictability to parties although the suggested support ranges are not always met with enthusiasm by recipients or payors. SSAG have seen to raised average spousal support awards in some communities and lowered them in others. Anecdotally, SSAGs have increased marginal support awards where pre SSAG no support would likely have been agreed to or, possibly, even asked for. After initial doubt in Ontario, since the Court of Appeal decision in…

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Understanding Support Payments When the Payor’s Income Is Irregular

By | Blog

During a marital separation (divorce), it is just normal that the parent who doesn’t have custody of the child pay a certain amount of money to the spouse and kid(s) to help support their monthly upkeep.  Every court of law looks to justify the amount payable in support by the income of the payor. The case gets even more interesting when the payor does not have a regular income to fall back on. When such happens, how is the support payable to be calculated? Incidences of Irregular Income There are a series of factors which could lead to an individual’s…

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Effects of Registered Retirement Savings Plan (RRSP) at Divorce

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A Registered Retirement Savings Plan (RRSP), or just Retirement Savings Plan (RSP), is a kind of Canadian account for keeping savings and investment assets, introduced in the late 1950s to encourage savings for retirement by employees and self-employed people. RRSPs have several advantages when it comes to tax deductions when compared to making investments outside of tax-preferred accounts. The RRSP is mostly funded from deductions from total income; hence, it reduces income tax payable for the time in a review in which the contributions are claimed. Earnings in this account are not taxed, although some withdrawals made from it would be taxed as income after withdrawal.  Meanwhile,…

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Tips For Starting Your Own Business After Divorce

By | Blog

Being newly divorced signals the start of a new life and the opportunity to design a new life as a single person, under your terms. Statistically, many newly divorced individuals are left worse off financially after divorce and may be struggling to cope with single parenthood, feeling emotionally battered and with low self-esteem. Rather than focus on the negatives though, it’s crucial to take stock of your new life and put yourself in a positive frame of mind by feeling gratitude for all the good things in your life (your health, your children, family, friends, pets, job/career, etc.). Then, decide…

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How Do I End My Obligation to Pay Child Support?

By | Blog

Child support most times tends to be a complicated issue in family law simply because determining the time when a parent’s financial support should come to an end hasn’t always been easy as the support doesn’t automatically come to an end when the child turns 18 (or 19 in some states), and this stems up series of questions about how do the parents put an end to the payment of child support: does it happen by simply agreeing to do so? Or do they just need to get a court order to the effect? This support doesn’t automatically come to…

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Effect of High Income on Spousal Support

By | Blog

Wondering how a recent divorce may impact your income? If you’re a high-income earner, your separation agreement may require you to pay out spousal support, or financial support to your spouse after a separation or divorce. Keep reading to learn more about how spousal support is determined and whether it’ll impact you. What is spousal support? While spousal support is a financial obligation under a legal contract, its real intention is to ensure that financial stability can be maintained among the parties undergoing separation and divorce. It can be a monthly support payment (like child support) or a lump sum…

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5 Reasons Why You Shouldn’t Get Married Without A Prenup Or A Marriage Contract

By | Blog

Just because you love your spouse doesn’t mean that you shouldn’t get a prenup before you get married.  There are a number of reasons why a couple would want to consider signing a prenup (or marriage contract) before getting married. Talking about what would happen if you were to divorce can lend itself to peace of mind and a happier and more open and honest relationship.  It could also mean that both parties save money by not having to pay for an expensive divorce. What is a prenup or “marriage contract”? A “prenup” or a “marriage contract” is a contract…

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Representing Fathers in Family Law

By | Blog

What Legal Rights Do Fathers in Ontario Have with Regard to Their Child? There do not exist any actual “rights to a child” for mothers or fathers. The job of a judge or collaborative law team is to determine the issues of custody, access, and support based on the best interests of the child. That being said, courts of the past operated on the assumption that children of young ages were better off living with their mothers. This assumption was referred to legally as the “Tender Years Doctrine”, and has now been abandoned in order for the legal system to…

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Making Sense of Severance: What You Need to Understand About “Severance”

By | Blog

Much of a lawyer’s job is to clarify various misconceptions that clients have about the law – i.e., about how our society addresses problems that people commonly encounter.  Legal jargon can seem almost intentionally designed to confuse, and the terminology we use the area of employment and labour law is no exception. Today, I’ll take some time to address a source of confusion that Canadians will very likely encounter at some point, perhaps many, in their lives: the concept of ‘severance’. How one might stumble over this innocuous term can be illustrated in one simple sentence: “Your severance package may…

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Collaborative Family Law

By | Blog

What is collaborative family law? Collaborative family law is a method of resolving disputes that takes place outside of the court system, in which both parties to the dispute work together with their family lawyers to arrive at a resolution. The first step in resolving a family law issue collaboratively is to try to come to an agreement by negotiating through lawyers. If parties are not able to reach an agreement through negotiations alone, they can enter into the mediation/arbitration process in lieu of going to court to litigate their issue(s). What is mediation? Mediation is a process in which…

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