Hersey v Hersey, 2016 ONCA 494 A Former Spouse’s Entitlement to Share in Post-Separation Income Increases This case deals with the issue of post-separation income increases and a spouse’s right to share in such increases. It stands for the proposition that such an increase in income or termination of child support will not always result…
Boudreau v Boudreau, 2015 ONSC 7956 This case deals with a husband’s application to vary or terminate a spousal support order, and stands for the fact that support recipients have an obligation to use their own assets to earn income. BACKGROUND The parties were married in October 1974. They separated almost 30 years later in…
This case involved a motion by an ex-husband to vary his spousal support payment to his ex-wife pursuant to section 17 of the Divorce Act after a lump sum settlement of all claims had been reached prior. It analyzed if the lump sum settlement was considered spousal support for the purposes of variation.
Gray v Rizzi, 2016 ONCA 152 This case highlights the inevitable consequences of failing to make full, timely and accurate financial disclosure. It specifically emphasizes that a spouse cannot sit back, fail to make adequate financial disclosure, then move to vary a final order because it does not reflect their real income. BACKGROUND Nadine Ellen…
The parties, Mr. and Ms. Butler began living together in 1979. They were married in 1982 and raised two children (both adults now). The couple jointly owned their home. Throughout their relationship and after, Mr. Butler worked on the automotive assembly line at Honda Canada. Ms. Butler assumed the role of a traditional stay-at-home mother; she maintained the home, cared for and raised the children, and had no substantial paid employment over the last 26 years.
The Appellant wife and Respondent husband married in December 1982. They separated after 27 years of marriage in March 2010. Following the wife’s retirement during the marriage, the husband started his own business in 1986, ACCE Inc., of which the parties were equal shareholders and served as the company’s directors.
The parties were married for 9 years before separating in 2014. There were 3 young children of the marriage, ages 1, 5, and 6, and the wife was on maternity leave at the time of separation.
Approximately 2 months before separating, the husband secured a new position as a financial advisor at Raymond James for which his employment contract structured his pay as follows.
The Respondent was successful at a four-day trial on the main issues including spousal support for herself and child support to be paid by the Applicant. Following cost submissions by the parties, the judge ordered the Applicant to pay the Respondent $54,700 in costs.
Given the increasing demand for further education in the marketplace, and the challenges that now face young adults trying to break into the workforce, it is no surprise that children are now becoming financially independent well into their adult years. As such, child support payors may be concerned about whether and how much child support should be paid for their adult children.
This case addresses the issue of whether a parent must continue to pay child support for children over the age of majority and, if so, in what amount
The parties married and had two children together, and the father’s son from a prior relationship was adopted by the mother. During marriage, the father was awarded a VAC pension for his major depression resulting from his military service, which also included a portion benefiting the children and a portion for his spouse. They used the monthly pension as part of their income for the family’s expenses.