Tag: child support

Case law: Child support variation for adult children

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Colucci v. Colucci, 2017 ONCA 892: This Court of Appeal decision established that the court has jurisdiction to vary child support under s.17 of the Divorce Act even after the children are over the age of 18 and therefore no

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How can I support a woman who needs help from the Family Responsibility Office?

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The Family Responsibility Office (FRO) is a program of the Ministry of Community and Social Services that collects and distributes court-ordered child and spousal support payments. If the person paying support fails to do so, FRO can enforce the court

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What is the Family Responsibility Office?

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The Family Responsibility Office (FRO) is part of Ontario’s Ministry of Community and Social Services. It is responsible for collecting and distributing child and spousal support orders. Where the person paying the support is not doing so, FRO can take

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Recent cases: Incarceration for non-payment of support

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Two recent cases – one dealing with child support and the other with spousal support – explore the appropriateness of incarcerating a payor who is in considerable arrears. In Ontario (Family Responsibility Office v Arruda, 2014 ONCJ 455, Mr Arruda

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Can a woman get retroactive child support for children who are now adults?

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The issue of retroactive child support is somewhat complex. Generally, orders of any kind in family court are only retroactive to the date the Applicant started court proceedings. This is intended to prevent situations where someone, many years after they

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Recent case law: Payment of child support when recipient alienates the child

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Johnston v Mayer 2014 MBQB 197 addresses whether the mother (Ms Mayer) has to pay retroactive child support to the father (Mr. Johnston), whether the father should be found in contempt of court for his breaches of the interim custody

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Recent case law: Child support jurisdiction

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In the case of Navarro v Parrish, 2014 ONSC 3222, the mother brought an application for child support in Ontario, where she lives with the child. The father lives in Florida. The father brought a motion contesting the jurisdiction of

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Recent case law: Setting off child support arrears

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In the case of Starr v Starr, 2008 CarswellOnt 11318 (Ont. S.C.J.), Justice Timms allows the father to set off his child support arrears against money owed to him by the mother. This is an unusual decision, because courts generally

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How can a woman get current tax information from her former spouse?

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A common legal bullying tactic of abusive men is to slow down family court proceedings by failing to file documents in a timely manner or by filing incomplete documents. Nowhere is this more common than with the filing of Financial

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What is imputing income?

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From time to time, the court will impute income in a child support case. This means the judge finds that the amount of income the parent who is paying support is claiming is not a fair reflection of what they

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