This case involves a motion to change support based on the father’s termination from his employment as a result of two DUI convictions. BACKGROUND The parties were married in 1995 and separated in 2005. They had two children of the marriage, aged 15 and 17. Upon separation, the parties entered into a Separation Agreement which [...]

This case involves an appeal arising out of competing child support orders made in Canada and France. BACKGROUND The parties separated shortly after the birth of their child, having previously lived together for a brief time. They resolved all issues via Minutes of Settlement, which awarded sole custody of the child to his mother. The [...]

The matter of Turner v Ansell was an appeal from the decision of the Honourable Mr. Justice Kukurin on a motion to change brought by both the Applicant Mother and Respondent Father. The case, which was unusually drawn out, was made very difficult by complicating factors outlined in Justice Kukurin’s decision. The main issue on [...]

In this case, the father challenged the constitutionality of the Federal Child Support Guidelines (“the Guidelines”). Altra Vires: First, the father argued that the Guidelines are unconstitutional because they are altra vires (a fancy Latin term that basically means overstepping authority) of the Divorce Act (the legislation under which the Guidelines were enacted). He argued [...]

This case deals with the imputation of income for child support. Imputing income is when the judge finds that the amount of income the payor parent is claiming is not a fair reflection of their income. As a result, the judge attributes income that is either based on an estimated income that reflects the payor’s [...]

The parties in this case began cohabiting in 2006, and had one child together shortly thereafter. The parties had a very volatile relationship, and thus, permanently separated in August 2007. Since the parties’ separation, the child resided primarily with the mother. Pursuant to an interim access order, the father was granted overnight access every second [...]

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, [...]

This case is an excellent demonstration of where the law currently sits with respect to child support and spousal support, as it sums up the case law in Ontario to date on these issues. The parties in this case lived together as common law partners for seven years before deciding to end their relationship. They [...]

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 [...]

The recent case of Bekkers v. Bekkers of the Ontario Superior Court of Justice provides an interesting analysis of imputing income to a payor who is the majority shareholder and sole employee of their own small business. In this case, the parties were married for 17 years and the husband was an electrician who worked [...]