Except in very limited circumstances, child support is payable by a support payor in accordance with the amounts set out in the applicable Tables of the Child Support Guidelines. The exceptions to these presumptive amounts are set out in Section 3 (children over 18 years of age), Section 4 (incomes over $150, 000.00), Section 9...... Read More

Historically and as a general rule of thumb, both child development professionals and legal professionals (lawyers and judges) took the view that there should be no overnight access to a non-primary parent (usually the father) for children under three years of age and, for sure, for children under two years of age. Based on concepts...... Read More

Although both the Family Law Act (for non-married spouses) and the Divorce Act (for married spouses) specifically permit the payment of a lump sum for spousal support. However and in an Ontario Court of Appeal decision of Mannarino v. Mannarino, the Court noted that lump sum spousal support was only to be awarded in very...... Read More

In my last newsletter, I summarized the court process, while emphasizing the importance of trying to resolve disputes out of court. It remains puzzling to me how many cases proceed to court. Family courts across the province are backlogged with cases, most of which should not have even proceeded to court in the first place....... Read More