Episode 1: Is it legal to record a conversation with your spouse?
Release Date: 12/08/2020
Season 2 Episode 10: Q&A on Child Support with Darlene
Dealing with Divorce
For the final episode of the season, Darlene will answer 5 frequently asked questions on the topic of child support. She will pinpoint some situations when a court could deviate from the table amount of support and highlighting the benefits of going to court versus mediation child support issues. She will also bring up cases—including a landmark decision—to back up her answers and illustrate options for parents going through the divorce/separation process. “Child support is the child’s right and they are entitled to it by law.” - Darlene Here are what she talks about: ...
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Season 2 Episode 9: How Family Law and Investigations Can Help Your Support Claim with Axis Geffen
Dealing with Divorce
Axis Geffen is the founder and president of Axis Vero Incorporated. His private investigation firm assists lawyers and self-represented clients to find evidence, properly document it for court or mediation purposes, and then assist in building or strengthening their cases. In this episode, Axis will talk about the nature of his business and what he loves about his job. He will weigh in on different investigation methods and correct some common misconceptions that people have when it comes to this matter. He will also go into the limits of private investigators...
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Season 2 Episode 8: Support and the Imputation of Income with Leanne Townsend
Dealing with Divorce
Leanne Townsend is a family law attorney based in Toronto. She is counsel and chair of the family law group at Mills & Mills LLP where her practice is focused on family law, domestic violence, and victim advocacy. In this episode, Leanne and Darlene will talk about the imputation of income, illustrating different scenarios based on cases that they have handled before. Leanne will analyze how judges determine whether someone is intentionally underemployed or unemployed. She will clear up a misconception that people have when it comes to their career and the repercussions of...
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Season 2 Episode 7: Calculating Child Support with Christine Montgomery
Dealing with Divorce
Christine Montgomery is the Director of Family Law Training, Support & Development for DivorceMate Software Inc. Before she joined the company in 2005, she spent 7 years in her private family law practice. In this episode, Christine and Darlene will talk about some things that parents should consider when calculating child support. They will weigh in on interesting portions of the Federal Child Support Guidelines, how contributions for extraordinary expenses are calculated, and what factors may impact those calculations. Quote: “The thing that’s probably most dear to my...
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Season 2 Episode 6: Enforcement of Support and the FRO- advice for support payors
Dealing with Divorce
In this follow-up episode on the enforcement of support, Darlene will review the powers of the Family Responsibility Office (FRO). She will dive deep into two consequences that greatly impact support payors when they are behind on their monthly support payments—default hearings and driver’s license suspensions. She will also share 3 tips for support payors, highlighting the importance of seeking legal advice. Quote: “Keep up with your support payments. And if you can’t, for whatever reason, then speak to a lawyer and take the necessary steps to have your order or separation agreement...
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Season 2 Episode 5: Enforcement of Support and the FRO- advice for support recipients
Dealing with Divorce
In this first episode of a 2-part series on the enforcement of support, Darlene will talk about the Family Responsibility Office (FRO) and what it is capable of, giving examples of situations where the FRO cannot enforce an agreement. She will answer questions like “What happens if the payor does not pay voluntarily?” and “What happens if the payor does not live in Canada?”. Tune in until the end because she will end the show with 4 quick tips for support recipients. Quote: “Have your agreement enforced by FRO unless you have a very good relationship with your ex-spouse.” -...
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Season 2 Episode 4: Budgeting and Financial Planning After Your Divorce with Patricia Greco
Dealing with Divorce
Patricia Greco is the founder and president of GRC Wealth Transition Solutions. She is a financial divorce specialist with over 30 years of experience as a chartered accountant. Separation/divorce affects people not only emotionally but also financially. In this episode, Patricia will talk about her role in her clients’ divorce journey and the benefits of seeking professional advice. She and Darlene will discuss some of the mistakes that people make when they go through the separation process. They also offer tips and clear up some misconceptions for individuals who are facing this major...
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Season 2 Episode 3: Spousal Support and Life Insurance Explained with Stephen Rosenfield and Mag Saad
Dealing with Divorce
Stephen Rosenfield is the founder and corporate director of Come To Agreement with over 20 years in family law mediation. Meanwhile, Mag Saad is the president and CEO with over 20 years in operations, management consulting, and coaching executives of multimillion and multibillion-dollar international corporations. In this episode, they will explain how Come To Agreement marries two industries—family law and insurance law—to help fractured families reach settlements and improve co-parenting relationships. They will introduce their new product, Rebalancing Beneficiaries. Together with...
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Season 2 Episode 2: Spousal Support FAQ’s with Russell Alexander
Dealing with Divorce
Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers, and he helps clients with separation, divorce, custody and support issues by providing customized solutions to their family matters. In this episode, Russell and Darlene will talk about the collaborative nature of his practice and how it compares to the traditional process for separation and divorce. They will answer some common questions about spousal support, stressing the importance of consulting with a lawyer especially on the issue of entitlement. Russell will also identify the biggest challenges or...
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Season 2 Episode 1: Calculating Support with My Support Calculator
Dealing with Divorce
Faith Feldman graduated in 2013 from Western Law and was called to the Ontario Bar in 2014. Since then, she has worked for My Support Calculator (MSC) and its sister company, DivorceMate Software, as a project manager. Today, Faith and Darlene will talk about Canada’s only accurate child and spousal support calculator, a bit about DivorceMate Software, and how you can use these resources during your separation or divorce. They will also answer some questions about child support, highlighting the importance of finding legal representation that works for you. Tune in until the end because...
info_outlineWelcome to the Dealing with Divorce podcast! Since this is my first episode, I thought it would make sense if I introduce myself and give you an idea of what the podcast is all about.
I am Darlene Rites, a family lawyer practicing in Toronto. I am an accredited family law mediator and accomplished litigator. I work for a firm called Ferreira and Bettencourt, LLP.
While there is no shortage of information available online on the topics of family law, separation, and divorce, it is difficult for most to sort through, digest, and assess if the information is reliable or not.
My hope is you’ll gain practical advice and information on various family law related issues with each episode.
During this episode, I explore a question I get asked frequently by my clients - is it legal to record a conversation without your spouse knowing? In Ontario, recording a private conversation is legal as long as one of the parties involved in the call consents to the recording. Although it is legal to record a conversation with your spouse, what does that mean for your family law case? Can a surreptitious recording assist with your custody application? In this episode, I review the factors considered by judges in family court when deciding whether to admit this type of evidence.
Quote:
“One thing I really want to make clear to my listeners is that even though the recording may have been legally obtained or recorded, it doesn’t mean you’ll actually be able to use it.”
Key Takeaways
- The primary purpose of the podcast
- Family law questions most people ask
- Whether or not it’s legal to record a conversation
- How a recorded conversation can assist your family law case
- How the court deals with recordings in family law
Connect with Darlene
- Darlene Rites email - [email protected]
- Ferreira & Bettencourt, LLP - https://fbllp.ca/
- Facebook -https://www.facebook.com/ontariofamilylaw
- LinkedIn- https://www.linkedin.com/in/darlene-rites-61512037/
Links & Resources
- St. Croix v. St. Croxi, 2017 ABQB 490 (CanLII) - https://www.canlii.org/en/ab/abqb/doc/2017/2017abqb490/2017abqb490.html
- Toronto - Advice & Settlement Counsel - https://ascfamily.com/