DIVORCEmate News & Views
Issue 61 - June 2009 www.divorcemate.com sales@divorcemate.com (416) 718-3461

For almost 20 years, our DIVORCEmate News & Views newsletter has been an important source of information for our 7,000+ software users - product news, productivity hints, seminar schedules, updates and new product announcements, Judicial quotes, Family Law and technology information, humour and more. Please ensure that this e-mail is circulated to all family law professionals including: lawyers, judges, mediators, professors, accountants, law clerks, support staff and students. We will no longer mail a printed blue newsletter. Click here if you no longer wish to receive this newsletter.

(Printable Version...)


Our DIVORCEmate One BC "Marriage Agreement" precedent will help any BC family law professional tackle the difficult and often time-constrained task of creating these custom one-off marriage agreements.

The final product is a well-drafted software precedent that includes the most common clauses required for the vast majority of today's marriage agreements.

Our BC Marriage Agreement software works just like our popular Precedents One BC Separation Agreement software. You simply review our clause list and select the sections based on the needs of your client (most clauses include helpful annotations, cites and explanations). Click "Create", and Precedents One combines your selected clauses, with your Client File information (personal, dates, names, birthdates, etc.)... The result is a comprehensive draft of a marriage agreement ready for easy customization and legal review!

The original Ontario Marriage Contract was created by our own S. Christine Montgomery, B.A., LL.B. For the BC Marriage Agreement changes and additions, Christine consulted with Fiona McQueen of Murray & McQueen in Victoria. Fiona came highly recommended by several senior members of the BC Family Bar as an excellent drafter with attention to details. Fiona customized our Ontario Marriage Contract for applicability in British Columbia. She reviewed, researched, amended and added clauses and annotations as required by current BC family law legislation. Fiona's work and drafting skills were excellent on this unusual and demanding project. We want to thank Fiona for her enthusiasm, dedication and outstanding work.

BC Introductory Pricing:

If you are on our Pay-Per-Use plan (BC only):

Once the BC Marriage Agreement software is released and you update your DIVORCEmate One software (or it updates automatically), you will have access to the BC Marriage Agreement as part of each activated Client File. There is no additional cost... the BC Marriage Agreement is free to all BC Pay-Per-Use customers.

If you are an Annual Subscriber (BC only)...

And you already have our BC Separation Agreement software:

The Precedents One BC Marriage Agreement software will be offered at a Special Introductory price of $199.00 for first licensed computer and $39.80 for each additional licensed computer.

or

And you do NOT have our BC Separation Agreement software:

The Precedents One BC Marriage Agreement software will be offered at a Special Introductory price of $349.00 for first licensed computer and $69.80 for each additional licensed computer.

Combo Pricing: The new BC Marriage Agreement plus BC Separation Agreement software will be offered together at $499.00 for first licensed computer and $99.80 for each additional licensed computer.

IMPORTANT: You may place your order by visiting:
www.divorcemate.com/precedents_mc.asp

NOTE: BC Introductory Pricing ends July 31st 2009.

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HOT NEWS... Rewrite of Tools One Coming in 2010

Simon, Steve and Christine have been working on a complete re-design and overhaul of our Tools One software, from simplifying the input pages (including imputing income, cash flow adjustments, shared custody and more) to consolidating the printouts by showing only the information which is input and required. Comprehensive income tax, government benefits, SSAG and CSG information and back-up is only a simple click away! And we may even use graphs and charts to better illustrate results and relationships.

Our intention is to take all of the notes from our support calls and all of the feedback from our numerous training sessions, and completely re-design our Tools One software.

We will be looking at more informative, yet simplified, printouts which will include the visual integration of our Child Support Guideline Calculator, our CHEQUEmate Spousal Guidelines Calculator, SUMmate Quantum v. Duration Analyser, SOLmate Standards of Living Test and our SUPPORTmate Maintenance Planner.

Please watch for this all new, and very exciting update to Tools One in the Spring of 2010.

We Need Your Help to Shape the Future

If you're a family lawyer or law clerk and are interested in helping us evaluate our new Tools One 2010 version, I invite you to join us at our DIVORCEmate world headquarters in Toronto for a 2-hour working dinner meeting on June 16th starting at 6:00 pm. We are looking for lawyers and law clerks who consider themselves advanced users of our current Tools One software.

If you are interested in shaping DIVORCEmate's future, having a few laughs, seeing how software is designed, built and tested, sharing some food (and wine), and making a few dollars... please contact me directly, markharris@divorcemate.com. We will limit our group to 8 special people, so please don't delay. And I will give a signed copy of Justice Brownstone's excellent book "Tug of War" (see below) to each participant!

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Major Changes to Family Law in Ontario
"Bill 133 - Family Statute Law Amendment Act, 2008"

Ontario's Bill 133 was introduced on Monday, November 24, 2008, and after consideration by the Standing Committee on Social Policy, an amended version was ordered for third reading on April 7, 2009. The Bill received Royal Assent on May 14, 2009.

The Bill proposes important amendments to a variety of Ontario family law matters. The significant amendments are as follows:

Family Law Act

The definition of "net family property" is amended:
  • to specify that debts/liabilities on the date of separation include contingent tax liabilities;
  • to specify that the date of marriage deduction does not apply to the matrimonial home and any associated debts/liabilities (ie. related to the acquisition or significant improvement of the matrimonial home).

The value of a spouse's interest in the Canada Pension Plan is excluded from the calculation of net family property.

The definition of "property" is amended to include the "imputed value, for family law purposes, of the spouse's interest in the [pension] plan, as determined in accordance with section 10.1, for the period beginning with the date of the marriage and ending on the valuation date." Section 10.1 then determines the imputed value in accordance with section 67.2 of the Pension Benefits Act. Any order for equalization of the pension may provide for the immediate transfer of a lump sum out of the plan, but cannot provide for any other division of the spouse's interest in the plan unless the pension is in pay, in which case the order may only provide for a division of the pension payments.

A revision is made with respect to items to be credited against an equalization payment in the event of the death of a spouse.

As in the Children's Law Reform Act, a re-enacted section respecting restraining orders sets out the test for a restraining order, against whom an order may be made and specific provisions that may be included in any order. Additionally, a court may make an interim order prohibiting a party from directly or indirectly contacting or communicating with another party, if necessary to ensure that the application is dealt with justly.

A new section provides that child support amounts under a court order or domestic contract filed with court may be recalculated by a child support service to reflect updated income information (to be fleshed out in the regulations).

Pension Benefits Act

Revisions and new sections are included to provide for the valuation and division of pensions for family law purposes, including sections relating to:
  • the determination of the imputed value, for family law purposes, of pension benefits;
  • the application to the plan administrator for the transfer of a lump sum from the plan, or the division of a former member's pension.

It appears that the valuation of pensions for Ontario family law purposes will now be the responsibility of the Pension Plan Administrator who will calculate and provide these values for a "reasonable" fee. That means that our PENSIONmate Pension Valuator may be obsolete and unnecessary!

Child and Family Services Act

While making a custody order under the Child and Family Services Act, the court may also make a restraining order pursuant to the Children's Law Reform Act without the necessity of a separate application.

Children's Law Reform Act

Where a person is declared to be the parent of a child, a court may change a child's surname in accordance with the Vital Statistics Act.

Anyone bringing an application for custody or access of a child must include:
  • an affidavit containing his or her proposed plan for the child's care and upbringing;
  • information respecting his or her current or previous involvement in any family or criminal proceedings; and
  • any other information relevant to the court's decision.
When a person who is not the parent applies for custody of a child:
  • that person must file a police records check;
  • that person must submit a request (as prescribed by the regulations) to one or more children's aid societies for a report as to whether there are any files respecting that person, and if so, the opening and closing dates of each file. A report will be sent to the requesting party and the court, who will in turn provide a copy to all parties and counsel representing the children and file the report in the court file;
  • the clerk of the court must provide written information (as prescribed by the regulations) to the court and the parties respecting any current or previous family proceedings involving the child or that person, and any current or previous criminal proceedings involving that person.

The power of the court is further expanded to specify some additional orders the court may make in any custody and access order.

A re-enacted section respecting restraining orders sets out the test for a restraining order, against whom an order may be made and specific provisions that may be included in any order.

A confidentiality section respecting custody and access applications is included, requiring the court to consider whether access to the file should be limited or whether there should be a prohibition against publishing the file or making the information in a file public.

Change of Name Act

Where a person is declared to be the parent of a child under the Children's Law Reform Act, his or her written consent is necessary to change the child's surname according to the Change of Name Act, failing which an application can be made to the court.

General Information:

  • To see a complete copy of the Amended Bill 133 and its current status, click on: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2125
  • We hear that the courts may be concerned about the custody and access amendments and the restraining orders amendments contained in Bill 133.
  • Minor amendments to the 13.1 Financial Statement, and the 13B Net Family Property Statement will be introduced shortly. We will have these updated forms as soon as they become mandatory.
  • Other family law court forms will also be added, changed, or amended according to this Bill. We will update our Ontario software forms as needed.
  • The balance of Bill 133 should be enacted by the Fall of 2009.
  • This bill will have an effect on every family lawyer in Ontario. We suggest you read the legislation and that you advise your staff, clients and colleagues that important changes are coming.

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DIVORCEmate's Charitable Endeavours

This March Break, DIVORCEmate Software sponsored a new initiative at Gilda's Club, "SPARKLE" mini-camp for children affected by cancer. As well, we will be a major sponsor of the Gilda's Club Annual Cutler Classic Golf Tournament this summer. www.gildasclubtoronto.org

On April 30th, we participated in the "Golf Marathon In Memory Of Markus Cohen" at Royal Woodbine Golf Club in Toronto. The marathon started at 7:00 am and finished in the pouring rain about 4:00 pm... we played 34 holes of golf, and hit 3 balls on each hole and every hole... 102 holes of golf in one day!

Markus Cohen, a lawyer by profession, was a man of great wisdom, intelligence and enormous integrity, and brought these traits to everything he did. He took on his diagnosis of lung cancer with incredible strength and a positive attitude and until the end believed he could beat the odds. He was a great personal friend of mine. Thank you very much to our many customers who generously sponsored me.

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Year in Review, 2008, by Philip Epstein, Q.C. and Lene Madsen provided by Westlaw Carswell

If you haven't visited this site, it makes for interesting reading:
http://www.westlawecarswell.com/familysource/thisweekspecial

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What The Judiciary Has Been Recently Saying About DIVORCEmate...

"None of the CHEQUEmate calculations by the parties use $238 K annual income for the husband. Using an annual income level of $238 K for the husband and $6,800 for the wife, the range of spousal support is $ 7,225, $8,429 and $9,443." Cecutti v. Cecutti, 2009 CarswellOnt 714,(Ont.S.C.J.), per Kane J.

"Dealing first with child support. Mr. Kreager, on October 25, 2007, suffered an injury to his right shoulder which has prevented him from making a return to work as a truck driver. His benefit after tax is $882.60 bi-weekly. At the time of the hearing, Mr. Kreager kept half the benefit and the other half went straight to his wife and children through FRO. On the basis of Ms. Stanfield's SUPPORTmate Calculation (which I accept), after a gross-up for taxes added back, the guideline amount for child support is $936.00 per month. This will be Mr. Kreager's obligation for child support commencing January 1, 2009." Kreager v. Kreager, 2009 CarswellOnt 619, (Ont.S.C.J.), per Hockin J.

"The Respondent father argues that, using Supportmate and plugging in the numbers for child support of $875.00 per month and spousal support at $774.75 per month, mother would have control over 59.5% of their joint net disposable income while father would have control over 40.5% of net disposable income. Counsel argues that the appropriate proportion is about 52% of net disposable income in mother's hands. According to Supportmate, to reach this figure spousal support would have to be reduced to zero, and counsel submits that this should be the result.

The Applicant mother argues that spousal support should not decrease but instead should increase from $774.75 per month to $1,000.00 per month. The Spousal Support Advisory Guidelines at the upper level amount call for $1,087.00 per month, counsel asserts. Counsel argues that father has the income and the means to pay this level of support since his residence and cottage are both mortgage free, he has savings and investments of at least $85,000 as a result of an inheritance and has no debt. By contrast, mother has taken out a line of credit to cover her expenses, the balance of which is currently about $54,000.

Given mother's circumstances, the complete elimination of spousal support would adversely affect her personally and her ability to adequately provide for herself and her children with the agreed level of child support. Taking all of these factors into account, I fix child support at $875.00 per month and spousal support at $425.00 per month. According to Supportmate, doing so will leave mother in receipt of 56% of net disposable income and father in receipt of 44% of net disposable income, which is fair and reasonable in these circumstances." Enright v. Enright, 2008 CarswellOnt 7529, (Ont.S.C.J.), per Lauwers J.

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A Must Read for Clients and the Profession:
Harvey Brownstone's "Tug of War"

Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflicts-judges, lawyers, mediators, parenting coaches, psychologists, family counsellors, and social workers-this reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parent's responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.

This is the first and only book ever written by an Ontario family court judge, specifically for the general public. It is not a legal textbook or self-help manual. Rather, it provides much-needed information for every separated couple contemplating going to family court to resolve parental disputes. The book explains what family court is, and equally importantly, what it isn't. The author uses many real-life anecdotes to show the reader how harmful family court is for families, and how bad litigation is for children. Family court litigation is not like the court cases we see on TV, and the judge gives strong reasons why people need legal representation from a lawyer who specializes in family law. There is a strong desire on the part of the author to convince people to use family court as a last resort, and consider dispute resolution alternatives such as mediation or collaborative law. Never before has the public been given an "inside scoop" on what family court is really like, and I found this book to be fascinating in every way. This book should be a "must-read" for every separated and divorced parent and every potential client!

http://www.chapters.indigo.ca/books/

Search: Brownstone, Tug of War, $19.95

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DIVORCEmate Tips and Tricks

Quick Access the DIVORCEmate Toolbar in Word 2007

For Word 2007, users can access the DIVORCEmate toolbar without going to the Add-Ins tab. In Word 2007, there is a Quick Access toolbar - to the right of the Office 2007 logo. The DIVORCEmate toolbar can be added to this location so that users can access it directly.

Click on the Add-Ins tab and right click on the DIVORCEmate toolbar. Choose Add Group To Quick Access Toolbar. Then a link is added to the quick access toolbar. When you click on this new link, the DIVORCEmate toolbar appears.

Print Tools Calculations to PDF

Tools calculations, or any document for that matter, can easily be printed to PDF using any PDF print driver. Just install the driver, and when you print the document, select the PDF printer as the printer and it will take care of the rest.

One freely available PDF print driver that produces excellent results is CutePDF Writer available at www.cutepdf.com

  • Go to Cute PDF Writer website
  • Click, "Free Download"
  • Run
  • Run
  • Continue (permission to run - optional step)
  • Next (Setup)
  • Click "I Accept"
  • Next (license)
  • Install
  • Print and read notes

Now whenever you want to email a document to a client, you can use CutePDF Writer to create a PDF, save it to your Desktop (or wherever), find it and attach the PDF file to your email.

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WARNING: "Over Registration" of DIVORCEmate Licenses

We have noticed lately, that a number of our customers have inadvertently "reactivated" older DIVORCEmate licenses which puts the law firm over registered on their paid up Annual Subscription license allocation.

"Over registration" occurs when, for example, an organization or law firm has paid for 3 Annual Subscription computer licenses, and has registered these 3 licenses, and then someone "reactivates" an old computer. In this case, our database will automatically delete your oldest DIVORCEmate license if it detects this "over registration".

Please note that "Pay-Per-Use" has no limitations on the number of registered computers.

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A Bit of Humour...


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