Imputing Income – Intentional Underemployment

Lavie v Lavie 2018 ONCA 10
The Father argued that the trial judge erred in imputing an income to him when he was in fact unintentionally under employed, while imputing no income to the Mother was intentionally underemployed.
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No Material Change: Court Dismisses Motion to Reinstate Access

M.A.L v R. H. M, 2018 ONSC 1597
This motion was brought by a father who sought to reinstate access to his 8-year old son, who he had not seen in six years. The father also sought to terminate a permanent restraining order against him.
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Spousal Support Entitlement and Retirement

St-Jean v Fridgen, 2017 ONSC 7680
Ultimately, Justice Trousdale held that there should be a variation of the current spousal support order to reflect the material change in the Husband’s income and the parties’ similar standard of living.
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When a Motion to Change to Vary Child Support is Successful

Abelman v. Abelman, 2017 ONSC 1810
The mother brought a motion to change the terms of child support to entitle her to financial assistance from her first ex-husband.
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When and Why Retirement is NOT Considered a Material Change in Circumstances

Hanniman v Hanniman, 2017 ONSC 7536
Eight months after signing a separation agreement, the Applicant voluntarily retired from the RCMP at the age of 52 after a 35 year career. He is moving to terminate his spousal support obligations and his obligation to maintain the Respondent as a beneficiary of his life insurance policy, due to a material change in circumstances.
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Cohabitation Agreements and Release of Spousal Support

Smith v Smith, 2017 ONCA 759
In this case, the Applicant Wife is trying to overturn a cohabitation agreement that she and the Respondent Husband had signed prior to their eighteen year marriage.
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A “Child” Moving Away to get a PhD: Clarifying the Family Law Definition of Children

Makdissi v. Masson, 2017 ONSC 6498
This dispute asks whether a parent has an obligation to continue paying child support for adult children as they pursue additional post-secondary degrees, in this case a PhD.
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