This case is a monumental breakthrough in family law legislation. A mother challenged the constitutionality of child support provisions. The issue before the Court was whether section 31 of the Family Law Act (FLA) discriminated against adult disabled children of unmarried parents on the basis of parental marital status and disability, violating section 15 of the Canadian Charter of Rights and Freedoms.
This case demonstrates how courts determine spousal support obligations in light of retirement. Ultimately, the appeal judge significantly reduced a doctor’s spousal support obligations to reflect his upcoming retirement.
This case raises the question; in what circumstances do parents have an obligation to support children who have completely withdrawn from their care? Justice Marvin Kurz was tasked with determining whether a 17-year-old girl’s father should financially support her academic pursuits at an American university after she was emancipated.
Halliwell v. Halliwell 2017 ONCA 349: In this case, the Court of Appeal for Ontario is tasked with determining a spousal support obligation for a wealthy spouse. Ultimately, the judges conduct an individualized fact-specific analysis to reach their decision.
This case serves as a great example of how not to avoid child support. Justice Sheilagh M. O’Connell of the Ontario Court of Justice deals with a father trying to get out of paying child support in a very strange way. The father’s defence: he is a victim of sexual DNA theft.
This case serves as an exception to the rule that double-dipping in pensions should be avoided. In this case, the Court is faced with the issue of whether a pension that was already used for an equalization payment should be used to fulfill spousal support payments for a dependent spouse.
Dagg v. Cameron Estate, 2017 ONCA 366
This recent decision alters the way Canadian legal minds view the treatment of insurance in cases of spousal or child support. It also offers further definition of the payor/payee relationship in cases of spousal and child support as one of a creditor and debtor.
This recent decision serves as a cautionary tale to those who disobey disclosure orders. In his decision, Price J. ordered that the Respondent father pay $24,900 for his failure to disclose his financial information within a reasonable period of time.