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case raises the question; in what circumstances do parents have an obligation to support children who have completely withdrawn from their care?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.
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.