Recipients of child support ought to be aware of the risks associated with support calculated using an imputed income, particularly where arrears have accrued.  Pursuant to Court of Appeal decision, Trembley v. Daley, imputing income to the payor, may not afford recipients the closure and finality that they may believe. Background The parties commenced living [...]

The Ontario Superior Court of Justice made a surprising rendering in its recent decision in Trisolino v. De Marzi. Specifically, the court permitted a mother to move her children to Rome, in spite of the father’s vehement protests to the contrary. So what factors motivated the Court to make this decision? BACKGROUND The parties met [...]

The matter of Beauchamp v Beauchamp dealt with the very limited issue of what constitutes a “material change” for the purpose of changing a spousal support order. In his judgment, released January 12, 2012, Justice Kershman discussed whether, given all the circumstances, a material change had occurred to warrant a change in the former spouses’ [...]

Family Law cases rarely make their way to the Supreme Court, but the matter of L.M.P. v. L.S. did just that, and the decision was released on December 21, 2011.  The issue in this case was defining and dealing with a “material change in circumstances.” The husband was applying to reduce and terminate his spousal [...]

The issue facing the Ontario Superior Court of Justice in the matter of Moon v. Moon was whether or not it was appropriate to impute the income of an ex-spouse receiving spousal and child support where an Order on Consent entered into by the parties does not explicitly state that the recipient spouse, in this [...]

In the matter of De Melo v. Gooding the parties married in 1997 and separated in 2003.  There is one child of the marriage.  In 2005, after being separated for a little over two years, the parties entered into a partial separation agreement.  The agreement provided that the parents would exercise a shared parenting regime. [...]