Appeal Court Makes Rare Finding of Incompetent Counsel

February 28, 2017

Parties who lose cases often blame their lawyers. “If my lawyer had done a decent job, I would have won.”

My observations over 25 years lead me to conclude that the majority of these claims are unfair. Frequently the client uses the lawyer as a scapegoat so the client can avoid any responsibility for the loss.

However, there are exceptions. Sometimes, it is the lawyer’s fault. Sometimes, the client has every reason to be angry at the lawyer.

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Can you go to jail for failing to pay child support?

Yes, you can. It happens regularly in Ontario.

January 20, 2017

So how exactly does it work? How does a support payor go to prison?

In Ontario, support orders are usually enforced by the Family Responsibility Office (FRO), an agency of the Government of Ontario.

Where the support payor does not make the payments, the FRO has many different ways to enforce. Most commonly, the FRO garnishes the payor’s wages at source. This is the most effective way of getting support.
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If you retire, do you get to stop paying support?

Obviously if I retire, I can stop paying, right?

January 6, 2017

This is not an uncommon question.

Where the client is the payor, he/she assumes that this is a “no brainer.”

“Obviously if I retire, I can stop paying support, right?”

Not necessarily the case.

Retirement does not necessarily justify a termination or even reduction in support. Sometimes it does, sometimes it doesn’t.
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