Background In this case, the parties, “the C’s,” wanted to adopt an adult child, “C.T.A.”, who was born in the Philippines and became the parties’ foster child through the Foster Parents Plan of Canada when she was 11 years old. The C’s developed a strong relationship with C.T.A. and with her family in the Philippines. [...]

This case was heard by Justice Turnbull in the Ontario Superior Court of Justice. There are three children from the marriage. The parties separated in December 2005 and at that time negotiated a separation agreement. At the time of separation however, only one child namely, Angeli, born February 1, 1990, required child support. Pursuant to [...]

The appellant in this case was the father/father-in-law of the couple who was separating. The appellant was appealing a decision of Justice Borkovich, who on February 6, 2008, dismissed his action for the return of money he claimed was a loan, not a gift, made to his son and former daughter-in-law during their marriage to [...]

The parties in this case were married on October 25, 1986 and subsequently separated in August 1991. There was one child resulting from the marriage, who was born on July 22, 1988. A Separation Agreement was executed by the parties on December 21, 1992. The Agreement required the father to pay child support for his [...]

The case of Krivanek v. Krivanek demonstrates some of the complexities associated with the issue of child support both for the payor and the recipient. The parties were married in 1977 and had two children, C born in 1982 and K born in 1988. The parties separated in 1991 and divorced in 1993. In 1995, [...]

Hobbs v. Hobbs highlights the importance of complying with court orders that request financial disclosure. In this case, the Court of Appeal upheld the decision of Justice Sproat of the Superior Court of Justice where he found the husband in contempt of court proceedings as a result of his failure to produce documentary disclosure. Justice [...]

The couple in this particular case were married for 18 years before separating in 1998. They had two children of the marriage, namely, Jessica, born April 11, 1986 and Eric, born February 9, 1983. Both children initially lived with their mother after the parties separated. However, once the children reached their teenage years, they moved [...]

According to the Divorce Act, a court of competent jurisdiction may, on application by either or both spouses make an order requiring a spouse to pay for the support of any or all “children of the marriage”. Courts have interpreted the phrase “children of the marriage” to include not only minor children, but also those [...]

This case deals with a couple that had a lengthy marriage. The Husband had a significant pension which, at the time of this decision, was in pay. This poses a frequent problem in family law cases, as pensions that are in pay are often Double Dipped. That is, a pension is considered as an asset [...]

The case of Bak v. Dobell, 2007 CarswellOnt 2324 (Ont. C.A.), deals with imputing income to the payor spouse where they receive gifts and no other income. This case considers section 19(1) of the Child Support Guidelines (“Guidelines”), Can. Reg. 97-175, which sets out the circumstances in which a Court will impute income to a [...]