Financial Disclosure & Ontario Family Law

There is a recent decision of the Alberta Court of Appeal, Webb v. Birkett, wherein the court held that Family Law Lawyers, whether engaged in mediation, the collaborative law process, or any other process, has a duty to obtain full and complete financial disclosure, unless the client, being properly informed, waives the requirement. The Court of Appeal held that it is the duty of every lawyer...

Section 16 of the Federal Child Support Guidelines – Calculation of Income for Support Purposes

This section provides that in determining a person’s income for child support purposes, you must look at the total income until line 150 in a person’s Income Tax Return and adjust the income as required by Schedule III to the Guidelines. (more…)

Section 10 of the Federal Child Support Guidelines – Undue Hardship

This section of the Guidelines provides that a court may “award an amount that is different from the amount determined under the Guidelines, if the court finds that the spouse making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship”.   Although the Guidelines does not specifically define “undue hardship”, the court...

Section 9 of the Federal Child Support Guidelines – Shared Custody

This section addresses the situation when a spouse “exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of a year”. (more…)

Section 8 of the Federal Child Support Guidelines – Split Custody

Split custody is when each parent has custody of one or more of the children.  The Act provides that the “amount of a child support order is the difference between the amount that each spouse would otherwise pay if a child support order was sought against each of the spouses”. (more…)

Section 5 of the Federal Child Support Guidelines – Step-Parents

This section permits the court to award a quantum of support that is different than as set out in the Guidelines if the payor is not the biological father of the child.   After their relationship with the biological parent ends, although some step-parents may try to terminate their relationship with a child in order to avoid a child support obligation, their efforts will likely not be...

Section (4) of the Federal Child Support Guidelines – Income over $150k

Although there is a presumption that child support is determined on the basis of the Table amounts, this section provides that when a payor’s income is over $150,000.00 per annum, a court may order an amount of child support that is different than the Guidelines if the amount of support is “inappropriate” having regards to the “conditions, needs, and the financial...

Section 3 of the Federal Child Support Guidelines – Presumption of Table Amount

This section provides that there is a presumption that for children under 18 in Ontario that the amount of child support will be based on the applicable table, the number of children and the income of the payor spouse plus “add – ons” pursuant to section 7 of the guidelines.  There are exceptions to the automatic application of the guidelines. (more…)

Section 2 of the Federal Child Support Guidelines – Determining Income

In determining child support under the guildelines, “any amount is determined on the basis of specified information, the most current information is used”.  As a result, the payor of child support, will have to provide his more recent income tax returns.  If he is employed, he will be required to provide his recent pay stubs. (more…)

Section 1 of the Federal Child Support Guidelines

Although the Federal Child Support Guidelines were enacted to make the process more objective, in some circumstances there is still discretion by the court as to the quantum of support.  As a result, it is important to retain a Toronto family lawyer to assist and ensure that your rights and obligations are being protected. At Fine & Associates, we can have a family lawyer review your...