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Moreton v Inthavixay 2020 ONSC 4881: This decision relates to the father’s request to reduce the amount of child support he was to pay because he lost his job due to the pandemic. However, it is also the most recent episode in a family law dispute that has been in litigation for three years, with…

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Lavie v. Lavie, 2018 ONCA 10: The appellant father appealed a 2015 trial decision, raising more than 20 grounds, including the trial judge’s imputation of income to him but not to the respondent mother. The parties began living together in 1998, married in 2000 and separated in 2009. They have two teenage children. Following separation,…

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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 longer considered ‘children of the marriage’ as defined in s.2(1) Divorce Act. The appellant father…

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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 steps to enforce payment. How does FRO become involved? Your support order – child, spousal…

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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 is almost $200,000 in arrears on his child support payments. FRO sought an order requiring…

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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 could be earning and, to address this, assigns an income to the payer, whether or…

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