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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Disobeying Court Orders and Non-Disclosure of Documents in Child Support Proceedings

An Ontario judge recently ordered that a father pay almost $25,000 for failing to disclose relevant financial information in a child support dispute within a reasonable period of time. What Happened? The former couple met in 1981 when they were both 19 years old, and were in a common-law relationship for approximately four years, resulting …

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Does a father have to continue paying child support if he discovers the child is not his?

The British Columbia Supreme Court recently ruled that a man who was misled into believing he was the biological father of a child does not owe any continued child support for that child even though he was found to have assumed the role of a parent during the early years of the child’s life. The …

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Man Sues Woman for “Unplanned Parenthood”-  Claim Dismissed, Woman Awarded Costs

The Ontario Court of Appeal recently upheld the dismissal of a claim filed by a man who sued his former sexual partner after she became pregnant with his child. The man had alleged that the woman had deprived him of being able to choose when to have a child and wanted more than $4 million …

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Do Step-Parents Have a Child Support Obligation?

The basic principles of child support with respect to a biological parent’s obligation to pay are relatively straight-forward:  the non-custodial parent is obligated to pay child support to the custodial parent in an amount determined by a formula.  Issues of custody (shared, sole, etc.) and issues surrounding the financial needs and means of the parties are often …

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What is a Paternity Agreement?

The Basics of a Paternity Agreement A “Paternity Agreement” is a type of Domestic Contract.  A Paternity Agreement will typically arise in a situation where parties: have a child or children together; are not married; and are ending the relationship. The Family Law Act of Ontario (FLA) defines a Paternity Agreement as follows: Definitions 1. (1) In this …

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Should a Sperm Donor be Held Liable for Child Support?

“Doctor sues gay friend for child support, 16 years after he first donated sperm to her” This eye-catching headline appeared recently in a national newspaper.  The article, written by Ashley Csanady, explores the unique facts of this case, and questions whether Bill 28, the All Families are Equal Act, might help protect sperm donors, such as …

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Challenging the Validity of a Separation Agreement

What is a Separation Agreement? A separation agreement is a legally binding contract created between two partners, subsequent to their separation.  It sets out each party’s rights on issues such as: child custody and access; division of property; debts; child support; and spousal support It’s possible for parties to draw up a separation agreement on …

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