Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court varied child support after finding the eldest child was no longer a child of the marriage, but left the section 7 issue undecided for jurisdictional submissions.
The court held that substantial child support arrears existed prior to the March 2001 variation order; the 2001 variation order addressed prospective support only and did not expunge pre‑2001 arrears; the Limitations of Actions Act does not bar enforcement of child support arrears; arrears are enforceable because the father failed to prove a material change in circumstances; the court modified accumulated interest: interest at 8% then 7% applied until Jan 1, 2002, thereafter interest accrues only for periods when the variation order was registered for enforcement (no interest during withdrawa…
Source excerpt
Respondent failed to prove undue hardship under the Guidelines; the court confirmed the provisional order with variations: prospective child support and proportionate post-secondary cost sharing were set based on appropriate application of s.3(2) and s.7 of the Guidelines and retroactive support was limited to October 2010 with structured payment to mitigate hardship, because petitioner’s delay was reasonable and respondent engaged in blameworthy conduct by failing to provide ordered disclosure.
Source excerpt
The court refused to confirm an Alberta provisional order ending spousal support on retirement, finding no proven material change and awarding costs to the respondent.
On the balance of probabilities the payor had not satisfied his burden of credible full disclosure and appeared intentionally underemployed or underreporting income; the court therefore imputed annual income of $18,200, set child support at $145 per month (commencing January 1, 2015 / the month after last social assistance), declined to erase past arrears except for specified periods (carpentry course Feb–Nov 2011 and social assistance Jan 2012–Jul 2013), suspended arrears payments for six months from March 25, 2015 and thereafter ordered $50 per month toward arrears until paid or until full…
Source excerpt
The court confirmed and varied a Newfoundland provisional child support order, imputed income to the father, rejected a set-off, and fixed arrears at $19,760.25 plus interest.
The court refused to confirm a provisional interjurisdictional support order, finding the adult child remained dependent by reason of disability and that the Nova Scotia court had been misled.
The court confirmed an Ontario provisional child-support order with variations, finding one child no longer dependent and the other still a child of the marriage.
The Court admitted the proposed fresh evidence but concluded the Nova Scotia trial judge did not err in law or in exercising his discretion: he properly varied and confirmed the provisional order under s.19(7), reasonably offset the respondent's proven access costs against s.7 special expense contributions, and the omission of the New Brunswick transcript was immaterial given the statutory requirement for a sworn summary rather than a transcript. The appeal is dismissed.
Source excerpt
In a Divorce Act confirmation hearing, the court made consent interim child-support and disclosure orders and directed the parties to resolve arrears and substantive issues in New Brunswick.
Explore more
