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Interim Spousal Support and Child Support

An Ontario court recently considered a case where the mother sought interim child support and spousal support from the father. In granting the mother’s motion, the court outlined the factors that it must take into account when making an interim order for support.   What Happened? The parties were married in January 2005 and separated …

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Ongoing Battle Over Whether Indigenous Law Should Apply over Ontario Family Law in Support Dispute Continues

We previously blogged about a contentious child support and spousal support dispute, in which an Indigenous father argued that band law should apply in lieu of Ontario family law where disputes involved Indigenous families. The original trial judge disagreed with the father’s position, and the father appealed further. The appeal is scheduled to be heard …

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Variation of Support in The Face of a Separation Agreement

An Ontario court recently considered a spouse’s request to reduce the child support and spousal support obligations that had been set out in the parties’ separation agreement. What Happened? The parties began living together in June 1983, married in December 1985, separated in August 2009 and divorced in January 2012. The parties had three children …

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Deferring a Child Support Obligation

A recent Ontario decision considered the question of when a party’s obligation to pay child support may be deferred for a period of time. What Happened? The parties had dated briefly. During this time, the mother became unexpectedly pregnant. The parties had one child, born in November 2016. In June 2017, the parties entered into …

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Judge Rules Against Indigenous Man Who Argued that Ontario Law Had No Jurisdiction Over His Family Dispute

In a recent child support and spousal support dispute, an Ontario judge ruled against an Indigenous businessman who argued that Haudenosaunee laws should apply in lieu of Ontario family laws in disputes involving Indigenous families. What Happened? The parents in question had been in a five-year relationship, beginning in 2008 and ending in November 2013. …

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Ontario Recognizes Rights of Disabled Children of Unmarried Parents

A recent Ontario Court of Justice decision confirmed that adult disabled children of unmarried parents are entitled to child support in the same way that adult disabled children of divorced parents are. What Happened? A constitutional challenge was filed by a single mother of an adult disabled son, who argued that s. 31 of the …

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Post-Divorce Parental Obligations to Emancipated Children

A recent Ontario decision discussed the circumstances under which separated or divorced parents have an obligation to a child who had been emancipated. Specifically, the court reviewed whether the father of a 17-year old daughter who had left home and obtained a legal emancipation order was responsible for financial supporting her through university. Emancipated Daughter …

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Federation of Asian Canadian Lawyers
Law Society of Ontario
Peel Law Association
UJA Federation of Greater Toronto
York Region Law Association
Collaborative Practice Simcoe County
Law Association Simcoe County
Widows & Orphans Fund