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Search: Posts Made By: Kinso
Forum: Divorce Support 07-31-2020, 09:09 AM
Replies: 7
Views: 938
Posted By Kinso
The complicated/expensive part isn't the...

The complicated/expensive part isn't the documentation, it's negotiating or establishing the terms of separation.

Once an agreement is made, I can draft a Separation Agreement in an hour (all...
Forum: Financial Issues 07-29-2020, 01:54 PM
Replies: 12
Views: 302
Posted By Kinso
His recourse is to file a motion to change the...

His recourse is to file a motion to change the agreement. If the court later determines the agreement was out of date or its terms were unreasonable, you could be liable for legal costs.

I...
Forum: Financial Issues 07-29-2020, 01:50 PM
Replies: 12
Views: 302
Posted By Kinso
I see, so he is unilaterally changing the terms...

I see, so he is unilaterally changing the terms of the agreement.

Then filing with FRO is correct. Threatening to file with FRO isn't going to get you anywhere.
Forum: Financial Issues 07-29-2020, 01:43 PM
Replies: 12
Views: 302
Posted By Kinso
(I'm editing my earlier post as I double checked...

(I'm editing my earlier post as I double checked the history here).

There are a number of missing pieces here. On one hand your said there is an amended agreement which is not being honoured....
Forum: Financial Issues 07-25-2020, 01:29 PM
Replies: 5
Views: 158
Posted By Kinso
Retained earnings can be 'imputed' to you as...

Retained earnings can be 'imputed' to you as income for support. The question is whether the earnings need to be retained for a bona fide business purpose.

A vague plan to 'grow the company'...
Forum: Divorce & Family Law 07-25-2020, 12:25 PM
Replies: 11
Views: 1,235
Posted By Kinso
There are lawyers that specialize in this. But...

There are lawyers that specialize in this. But they don't take these kind of cases on contingency (since it's hard to win), and it costs a lot to do.

It's not a function of fear.
Forum: Financial Issues 07-23-2020, 12:39 PM
Replies: 16
Views: 365
Posted By Kinso
I'm equally concerned for the poster as well as...

I'm equally concerned for the poster as well as the people who read but never point. Even if OP wouldn't make that error, others might. There is a reason lawyers write 'this isn't legal advice' over...
Forum: Financial Issues 07-23-2020, 10:38 AM
Replies: 16
Views: 365
Posted By Kinso
Then hire a lawyer. This forum is legal...

Then hire a lawyer. This forum is legal information only, which may or may not be applicable you.

What's the difference? A lawyer can ask you questions and gather more information that may be...
Forum: Divorce & Family Law 07-21-2020, 09:13 AM
Replies: 6
Views: 151
Posted By Kinso
I tend to say 'Applicant Wife' or 'Respondent...

I tend to say 'Applicant Wife' or 'Respondent Husband' (or mother/father).

Applicant/Respondent is generic, and when Judges read 20 briefs a day, it can be easy to confuse who is who.
Forum: Divorce & Family Law 07-20-2020, 12:45 PM
Replies: 8
Views: 256
Posted By Kinso
This doesn't make sense. There should be written...

This doesn't make sense. There should be written proof all the issues were resolved.
Forum: Financial Issues 07-18-2020, 09:00 AM
Replies: 13
Views: 238
Posted By Kinso
Equalization is as of the date of separation. Any...

Equalization is as of the date of separation. Any asset transfers after this date do not impact your entitlement to property division.

The faster you move the better.

If you don't have a...
Forum: Divorce & Family Law 07-18-2020, 08:52 AM
Replies: 6
Views: 253
Posted By Kinso
This case was appealed to the Federal Court of...

This case was appealed to the Federal Court of Appeal:

https://decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/127533/index.do?q=grenon

Which also makes for interesting reading.

Does not...
Forum: Financial Issues 07-18-2020, 08:50 AM
Replies: 13
Views: 238
Posted By Kinso
If your spouse dies and you are unhappy with...

If your spouse dies and you are unhappy with their will, you have the option of taking your rights under the Family Law Act, which includes a division of net family property.

After the property...
Forum: Financial Issues 07-16-2020, 10:47 AM
Replies: 22
Views: 656
Posted By Kinso
Grenon v. HMTQ 2014 TCC 265 ...

Grenon v. HMTQ 2014 TCC 265 (https://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/97934/1/document.do)

Reviews the issue.
Forum: Divorce & Family Law 07-15-2020, 01:31 PM
Replies: 1
Views: 92
Posted By Kinso
It's the name of the moving parties. You...

It's the name of the moving parties.

You and your ex's names.
Forum: Financial Issues 07-15-2020, 10:51 AM
Replies: 22
Views: 656
Posted By Kinso
They're not.

They're not.
Forum: Financial Issues 07-13-2020, 09:22 PM
Replies: 22
Views: 656
Posted By Kinso
In theory it is. In practice, absolutely not.

In theory it is.
In practice, absolutely not.
Forum: Financial Issues 07-13-2020, 09:13 PM
Replies: 22
Views: 656
Posted By Kinso
Theoretically a man seeking support also gets the...

Theoretically a man seeking support also gets the deduction.
Forum: Divorce & Family Law 07-12-2020, 09:11 AM
Replies: 3
Views: 287
Posted By Kinso
I can't speak for all lawyers, but there is a...

I can't speak for all lawyers, but there is a line between consultation and advice that we are often careful about in those 30 minute calls. Advice can only responsibly be given once one has a...
Forum: Divorce & Family Law 07-10-2020, 02:44 PM
Replies: 3
Views: 287
Posted By Kinso
Useful Links/ Websites for Ontario Family Law

Hi all. I've decided to assemble a list of links that may be useful to users of this forum. If users find it valuable maybe an admin could sticky it.

Family Law Information

Steps to Justice –...
Forum: Divorce & Family Law 07-07-2020, 08:45 PM
Replies: 6
Views: 322
Posted By Kinso
You absolutely need proper legal advice. A lawyer...

You absolutely need proper legal advice. A lawyer can get the nitty gritty details and advise accordingly, which goes beyond the capacity or role of this forum.

You don't need to let a lawyer...
Forum: Divorce & Family Law 06-28-2020, 10:48 AM
Replies: 1
Views: 115
Posted By Kinso
One does not ‘acquire’ an Amicus Curiae. They are...

One does not ‘acquire’ an Amicus Curiae. They are appointed by the court in rare circumstances to assist the proceedings. They are more common in criminal proceedings when the accused is mentally...
Forum: Divorce & Family Law 06-25-2020, 10:31 PM
Replies: 12
Views: 591
Posted By Kinso
Trust the lawyers you’ve spoken to.

Trust the lawyers you’ve spoken to.
Forum: Divorce & Family Law 06-22-2020, 07:38 PM
Replies: 8
Views: 272
Posted By Kinso
Interesting suggestion, but seems more expensive...

Interesting suggestion, but seems more expensive than a consented court order, done by a lawyer.
Forum: Divorce & Family Law 06-22-2020, 01:21 PM
Replies: 8
Views: 272
Posted By Kinso
Btw ignoring the court order and withdrawal from...

Btw ignoring the court order and withdrawal from FRO can work functionally. But if your ex and you ever become less amicable (or someone takes charge of her estate), it could be problematic down the...
Showing results 1 to 25 of 247

 

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