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Child Support for Adult Children

What happens to a payor’s child support obligations once his or her children are adults pursuing higher education? Does child support terminate, or does it remain payable? An Ontario court grappled with this interesting question in Makdissi v. Masson. The Parties’ Story The parties were married in June 1993, separated in September 2001, and divorced …

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Ontario Court of Appeal Denies Father’s Request to Reduce Child Support Arrears

The Ontario Court of Appeal recently heard a mother’s appeal from a decision that granted the father a retroactive reduction in his child support obligations. In determining whether to allow the appeal, the court considered the interesting question of when a payor parent may be excused from paying the full amount of child support that …

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When Will Courts Consider Forgiving Arrears For A Parent Or Spouse?

Child support and spousal support obligations are serious, and failing to pay them could leave a parent in arrears, and a large debt to repay.  Only in certain situations will courts retroactively discharge or rescind support arrears. A recent case from the Ontario Superior Court of Justice serves as a good summary of which types …

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Divorced Couple Disputes A Number Of Child Support Issues

There are many factors that can contribute to what amount of child support one parent may have to pay to another following a separation or divorce. There are both provincial and federal child support guidelines which help dictate how much a parent should pay based on factors such as income, while also addressing items such …

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Homemade Separation Agreement Ends Up Costing Couple Time and Money

Hiring an experienced family lawyer is a critical step when going through a separation or divorce. It may be tempting to attempt to cut costs by going through the process alone, but as one Ontario couple recently learned, doing things without legal representation can result in an expensive and time consuming experience. Background The couple …

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Father’s Credibility Questioned After Review Of Instagram Account

While social media can be an amazing tool – allowing us to communicate and share our lives with people around the world, it also brings with it an inherent lack of privacy. Even “private” accounts may be made public, and deleted photos or posts are not necessarily gone forever. It is important to carefully consider …

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Court of Appeal Opens the Door for Determining Whether Indigenous Law Should Have Priority Over Ontario Law in Family Law Disputes Involving Indigenous Parties

The Ontario Court of Appeal recently added a chapter to the ongoing legal dispute between two Indigenous parents involved in a highly contentious battle over child support and spousal support. With this latest decision, the Court has potentially opened the door for a full hearing on the fundamental question of Indigenous self-governance, Treaty rights and …

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Single Mother of Adult Disabled Son Secures Continued Child Support Payments in Precedent Setting Decision

In a precedent setting decision, an Ontario judge has awarded a single mother in Brampton, Ontario monthly payments of more than $500 to care for her disabled adult son for the remainder of his life. Child’s Father Stopped Support Payments The woman’s son was born with Di George Syndrome– a genetic abnormality which results in …

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Ex-Husband Attempts to Set Aside His Child Support Obligations, Court Orders Him to Continue Paying

An Ontario court recently evaluated a situation in which an ex-husband argued that the child support provisions in a marriage contract should be struck. The court ultimately upheld the child support clauses and found that the ex-husband continued to be responsible for supporting the children for a number of reasons. What Happened? The parties had cohabited …

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Child Support: Paying for an Adult Child Who’s Walked Out of Your Life

An Ontario court recently contemplated whether or not an 18-year-old child who refused to have a relationship with her father should continue receiving child support.   Background Information The parties were married and lived together from 1992 to 2007. They had two children: a 23-year-old son, and an 18-year-old daughter, D. After the parties separated, …

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