This case provides an example of how the proposed changes to the Children’s Law Reform Act, which ultimately resulted in the All Families Are Equal Act, are to be considered and applied.
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.
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.
McClintock v. Karam, 2017 ONCA 277: This recent decision from the Court of Appeal causes some confusion with respect to the characterization of stay orders for the purposes of appeal, and the requirements for an exception to the general rule that an order granting a stay is final, but an order refusing a stay is interlocutory.
This decision from the Ontario Court of Appeal canvasses whether an Ontario Court has the jurisdiction to award child support, spousal support, and equalization of net family property after a foreign court has issued a divorce.
This decision, written by Justice Stanley Kershman, deals with a numerous child support issues including support for adult children, retroactive claims when a child is no longer considered a child of the marriage, who can direct an RESP, and section 7 expenses.
This case serves as a reminder that establishing a material change in circumstances is only the first hurdle to meet when attempting to reduce support arrears, and that the party seeking such relief must establish either that they are unable, and will never be able, to pay the arrears, or that the arrears have accrued as a result of a change in the payor’s circumstances.
This recent decision from the Superior Court of Justice provides guidance for lawyers and future courts with respect to the determination of income when a payor’s income fluctuates. This case suggests that although many courts have chosen to average income to determine income for support purposes, material evidence which substantiates current income may be grounds to forego such averaging. This case provides a useful guide with regards to the jurisprudence in respect of income averaging.
In this case, Justice Shelston carefully overviews section 19 of the Federal Child Support Guidelines and notes that there is a duty on the spouse to actively seek out reasonable employment. When imputing income, the court first looks at the spouse’s capacity to earn income, which can be influenced by age, education, health, work history and availability of work that is within the scope of his or her capabilities.