Child Support: "Special and Extraordinary Expenses"

Child Support: "Special and Extraordinary Expenses"

In this case, the claimed special/extraordinary expenses were day care, tutoring, extra curricular activities, and the cost of medication that exceeded the amount covered by the Applicant Mother’s coverage. In coming to a decision, the court had to determine what actually constitutes an “extraordinary” expense, and whether that expense was reasonable and necessary in relation to the child’s best interests. When determining whether an expense is “extraordinary” or not, the court must turn to section 7 of the Child Support Guidelines, and past case law.

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Child Support: Support for Grandchildren

Child Support: Support for Grandchildren

Families of today are growing increasingly more complex, and grandparents are beginning to play a far more active role in the lives and upbringing of their grandchildren. This ever-changing legal landscape is evidenced by the recent changes to the Children’s Law Reform Act in 2016 that gave grandparents legal standing to apply for custody and access rights to their grandchildren.  While grandparents’ rights to apply for custody and access rights is firmly set in legislation, what is more uncertain is whether grandparents can be ordered to pay child support for their grandchildren. In this post we will discuss the legal grey area of grandparents and child support in light of a current case which could possibly be precedent-setting.

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Motions to Change: Child Support

Motions to Change: Child Support

To vary a child support order, you must show that a material change of circumstances has occurred, as provided by the applicable Child Support Guidelines, that would have resulted in a different order had the circumstances been known at the time the original order was made.  What constitutes a “material change” differs on a case-by-case basis, and the courts will look to the specific facts of each unique case in making a determination.

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Court Procedure: Motions to Change

Court Procedure: Motions to Change

One or both of the parties' situations may change significantly after a court Order is made, and the terms may no longer reflect reality. When this happens, it will be necessary to bring a Motion to Change.  The procedure for Motions to Change is set out in Rule 15 of the Family Law Rules. In this post we will answer some frequently asked questions about this procedure.

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Child Support: Support for Step-Children, Part 2

Child Support: Support for Step-Children, Part 2

When determining whether to order a non-biological parent to pay child support, the courts will look to a number of factors relating to the person's intention, and the actual roles they have played in the child's life. This leading case in this regard is the Supreme Court of Canada case Chartier v. Chartier, which outlined what is commonly known as the "loco parentis" test.

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Child Support: Support for Step-Children, Part 1

Child Support: Support for Step-Children, Part 1

When parents move on to form new relationships, their new spouses can sometimes assume the role of parent to a child from the previous relationship, even though they are not the biological parent. This is known in law as standing "in loco parentis" which means "standing in place of a parent." In these situations, a parent-child relationship can form, which may give rise to an obligation to support that child. 

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Stay At Home Parents: What are my rights when we separate?

Stay At Home Parents: What are my rights when we separate?

When one spouse is able to build up savings, work experience, assets, and other benefits from working, the law recognizes that the other spouse may have contributed to these things.  If you were married, the division of your property is based in part on this assumption.  The law does differ if you were married or living together, but in either case you will be requesting similar things - a share of property, and support for you and your children.

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Child Support: Retroactive Orders and Agreements

Child Support: Retroactive Orders and Agreements

There are two types of orders that address support that should have been paid in the past: retroactive and arrears.  The difference between the two is that arrears are only ordered when there is already an agreement or court order in place regarding child support. Retroactive support is ordered when there is no prior agreement or court order in place.

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