Motions to Change: Child Support

Motions to Change: Child Support

To vary a child support order, you must show that a material change of circumstances has occurred, as provided by the applicable Child Support Guidelines, that would have resulted in a different order had the circumstances been known at the time the original order was made.  What constitutes a “material change” differs on a case-by-case basis, and the courts will look to the specific facts of each unique case in making a determination.

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Court Procedure: Motions to Change

Court Procedure: Motions to Change

One or both of the parties' situations may change significantly after a court Order is made, and the terms may no longer reflect reality. When this happens, it will be necessary to bring a Motion to Change.  The procedure for Motions to Change is set out in Rule 15 of the Family Law Rules. In this post we will answer some frequently asked questions about this procedure.

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Child Support: Support for Step-Children, Part 2

Child Support: Support for Step-Children, Part 2

When determining whether to order a non-biological parent to pay child support, the courts will look to a number of factors relating to the person's intention, and the actual roles they have played in the child's life. This leading case in this regard is the Supreme Court of Canada case Chartier v. Chartier, which outlined what is commonly known as the "loco parentis" test.

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Child Support: Support for Step-Children, Part 1

Child Support: Support for Step-Children, Part 1

When parents move on to form new relationships, their new spouses can sometimes assume the role of parent to a child from the previous relationship, even though they are not the biological parent. This is known in law as standing "in loco parentis" which means "standing in place of a parent." In these situations, a parent-child relationship can form, which may give rise to an obligation to support that child. 

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Stay At Home Parents: What are my rights when we separate?

Stay At Home Parents: What are my rights when we separate?

When one spouse is able to build up savings, work experience, assets, and other benefits from working, the law recognizes that the other spouse may have contributed to these things.  If you were married, the division of your property is based in part on this assumption.  The law does differ if you were married or living together, but in either case you will be requesting similar things - a share of property, and support for you and your children.

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Equalization: Personal Injury Awards, Part 2

Equalization: Personal Injury Awards, Part 2

In a previous post, we discussed whether you can exclude your personal injury award from your net family property. In general, you can exclude the award if it meets certain criteria. This post explores how the timing and the structure of the award may impact whether it is shared with your ex-spouse.  The timing and structure of a settlement can determine whether the funds are treated as property or income, and whether they are shared with your spouse.

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Tips from a Career Coach: Divorce and Work

Tips from a Career Coach: Divorce and Work

A marital or other significant split is essentially just that, it’s a split that cuts a painful line between you and your former partner, leaving you divided from the life you once knew and the one you haven’t yet discovered. The severing of a relationship is similar to an actual cut. Both include some pain and then the necessary time to heal properly.  In this guest post, Dr. Helen Ofosu discusses the impact of divorce on work, and tips for surviving your divorce in the workplace.

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Court Procedure: Summary Judgments, Part 2

Court Procedure: Summary Judgments, Part 2

In our previous post, we reviewed what summary judgment Motions are, why they are available, and what some of the outcomes may be if you bring one.  In this post, our intern, Xinya Wang, reviews the test for summary judgment and discusses oral evidence.

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