It is not unusual for one, upon retiring and finding their income correspondingly reduced, coming to the logical conclusion that their spousal support payments be reduced. However as usual in family law, nothing is that straight forward. The Divorce Act pursuant to section 17(1)(a) gives the court the ability to change an existing order either […]
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Whose Lump Sum Tax Rate Do You Use Lump Sum Support
Both the Family Law Act and the Divorce Act give the court the ability to make a onetime lump sum spousal support payment. Sometimes especially in high conflict cases, the court or the parties will agree that a lump sum payment rather than periodic monthly payments are the best alternative. Examples of when this is […]
Read MoreReal Estate
Ontario in the 1990s modernized its system of registering almost all of the land and its ownership within the province. It moved from a very ancient system commonly referred to as the Registry Act System to an electronic/digital system that is part of the Torrens Regime. The Torrens Regime is named after its inventor, Sir […]
Read MoreHow do I set aside a Court Order when I knew nothing about the Case?
When parties separate, they at times lose track of each other. One party may start a court case and in certain circumstances, the other will know nothing about it. At other times, one can make a simple mistake and not attend court when they are required to. There are methods of setting aside a Court […]
Read MoreGoing to Jail or having your Driver’s Licence Suspended for Non-Payment of Support
Child and Spousal Support enforcement is almost the exclusive jurisdiction of a Government Agency called the Family Responsibility Office (“FRO”). The Family Responsibility Office is both a blessing and a curse. It is free, it is imbued with vast powers, including suspending a defaulting payors’driver’s license, seizing their passport and even incarceration. The negative aspect […]
Read MoreWhat if my Will is Lost Wills and Estates
At Dale Streiman Law LLP, we offer our clients at no charge the ability to store their original Wills and Powers of Attorney with our office. All clients receive an electronically scanned fully signed copy of the Will, but this is not a replacement for the original Will. Some of our clients take their Wills […]
Read MoreChanging your Child’s Surname
Your average reader would be surprised to learn that when one parent has sole custody of a child pursuant to either a court order or separation agreement, they have the unilateral ability to simply apply to a provincial government agency (The Registrar General) to change the surname of the child. They do not require the […]
Read MoreJoint Venture Common Law Property Claims
As faithful readers of this website will have noted that common law couples who have property claims against each other, must use various equitable claims against the other in the absence of their entitlement to relief under the Family Law Act. While The Family Law Act grants very similar spousal and child support rights to […]
Read MoreSelling the Family Home
PLEASE FORGIVE THE SEXIST GENERALIZATIONS- THE PARTITION ACT The husband has moved out leaving the wife and children behind in the matrimonial home. In this era of hyper real estate inflation, the matrimonial home may be the largest asset owned within the family. After the guilt has subsided, what does one do when the husband […]
Read MoreMaher aka Muslim Marriage Contract
We have written previously about the court’s recognition of a Maher, an Islamic Marriage Contract. For a number of years, these have been recognized by the Ontario Courts as being valid and enforceable. However, the courts will look at these contracts like any other, examine their context and contents for their interpretation and application. As […]
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