A Superior Court judge ordered an unmarried spouse to pay financial compensation of more than $ 2 million to his ex (decision 2018 QCCS 4195). He relied on the theory of unjust enrichment to make this decision. The spouse was able to build a high-value business while Madame stayed at home to take care of family and household tasks.
According to the judge, there are three main application criteria for opening a claim on the basis of unjust enrichment:
(a) the enrichment of a spouse; (b) the consequent impoverishment of the other spouse; and (c) the absence of any legal grounds for enrichment.
According to the judge, to the extent:
– the de facto union between the two spouses is of long duration; – the enrichment of one occurs during this union; – the participation of the other spouse in the accumulation of wealth of the first is present, such participation can take several forms including the assumption of increased family responsibilities to release the other spouse; – this participation results not from a legal obligation but from a legitimate aspiration to a better life;
It must then be concluded that the possibility of unjustified enrichment (that is, an enrichment that will not have happened so much if it had not been for the participation of the other spouse) is worthy of to be taken into account.
In case of abuse of family law procedures, there is the possibility to ask the judge to convict the other spouse to pay damages in the final judgment. These damages are intended to compensate for some of your losses, for example certain legal fees that you have had to pay.
If you claim child support or alimony and are afraid that you will not have the financial means to assert your rights in court during the proceedings, there is also the possibility of requesting that your ex-spouse be ordered to pay you a provision for litigation costs. This is an amount of money that will be used to cover your future legal fees. The behavior of the ex-spouse, as well as the difference between the incomes of the former spouses, are among the factors that will be taken into account by the judge in his decision.
The child custody and alimony request begins with drafting an application instituting proceedings. This request describes the various arguments justifying the type of custody required. The application is executed and sworn by the party.
In family law, requests to provide for fees are meant to have the party who will pay the alimony cover the legal fees of the party requesting alimony. This money is allocated by the Court during the unfolding of the main proceedings.
Subject to a court decision and common agreement, a request can be made under certain circumstances to have alimony cancelled or modified. The modification may involve increased or decreased payments.
The following factors can be pleaded by a family lawyer when this request is made:
The main criterion is a significant change in one of the former partner’s financial situation. Such a change would not be predictible at the time of the initial agreement and would impact on the capacity to make payments.
There are many examples of this, i.e. sickness, an accident, loss of employment or on the other hand, a significant increase in income, remarrying, the situation of a former partner who does not try to find work, etc.
The request is submitted to a Superior Court Judge, who makes a decision on this matter based on the facts before the court.
Everyone knows alimony has to be paid between former members of a couple for the benefit of the children. The amount of alimony should reflect the cost of child custody, while taking into account the respective income levels of the parents. But what happens once a child becomes an adult? Does alimony still have to be paid and if so, on what conditions?
According to our family lawyer, once a child reaches adult age, the alimony usually ceases. There are exceptions however: for example, when the offspring is studying full-time, alimony will be paid for a reasonable time. Note that if the debtor lives in Quebec, the amount is determined by means of a Quebec government form, whereas if the debtor lives outside Quebec, it is calculated according to federal guidelines.
You should contact a lawyer if alimony is requested for a child of yours who is studying.
This is how much child support is supposed to be paid, according to our Montreal divorce lawyer:
When the child is under 18, both parents have to contribute to child support.
The parent who does not have custody pays the custodian parent. The amount is calculated in accordance with the income of both parties and each parent’s days of custody. Income is calculated according to notices of assessment, federal and provincial taxes, as well as the last three pay cheques. Assets and liabilities are taken into account in calculating the capacity to pay. In case of doubt about the other party’s income, a question can be submitted to the Court and documents can be requested through a subpoena.
Finally, when one party’s financial situation changes, the other party can appeal to the Superior Court and request a alimony revision.
Contact your family lawyer if you have to pay or apply for alimony in Laval, Longueuil or Montreal.
Alimony is one of the main issues to be settled between the former members of the couple following separation.
The family lawyer will review different aspects with the client, including alimony for child support and between the partners, income tax report analysis and possibly modifying the amount of alimony when the situation changes.