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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Court Procedure: Summary Judgments, Part 1

Court Procedure: Summary Judgments, Part 1

A summary judgment is when a court makes a judgment (a decision made for one party and against another party) without a full trial. A summary judgment can be made on an entire case, or on specific issues arising from a case. In this post, Xinya Wang, Fresh Legal summer intern, reviews the new approach to summary judgments and why changes were made.

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Equalization: Personal Injury Awards, Part 1

Equalization: Personal Injury Awards, Part 1

As discussed in a previous post, upon separation spouses calculate their net family properties, and an equalization payment is usually paid by the spouse with the higher NFP to the spouse with the lower NFP. The goal of this equalization payment is to equalize each spouse's NFP. When calculating your NFP, the Family Law Act sets out a number of different categories of property that are not to be included in the calculation. One category of excluded property is damages, or a right to damages arising from a personal injury. 

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Custody and Access: The Voice of the Child

Custody and Access: The Voice of the Child

This is one of the most common questions we receive from clients. Often it is asked with, "I heard that when my child is 12..." or "My child is 13, can he decide..." There are many misconceptions about at what age a child can decide where they want to live. This is because there actually is no age at which they get to decide.

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