Imputing Income: Self-Employed Payors

Imputing Income: Self-Employed Payors

As mentioned in our previous post on imputing income, the family courts may assume you or your spouse's income is higher than it may actually be. While this power is found under the Federal Child Support Guidelines, similar principles apply when calculating spousal support.  Our last post covered one of the more common situations in which this could occur: intentional unemployment or under-employment.In this post we will cover situations in which income has been imputed to spouses who are self-employed.

Read More

Family Responsibility Office: Questions and Answers

Family Responsibility Office: Questions and Answers

The Family Responsibility Office collects, distributes, and enforces court-ordered child and spousal support payments. Click here to learn more about child support, and here to learn about spousal support. FRO is a division of the Ministry of Community and Social Services. In this post, Jeffrey Sun, Fresh Legal intern, answers some commonly asked questions about FRO.

Read More

Child Support: Voluntary Withdrawal from Parental Control

Child Support: Voluntary Withdrawal from Parental Control

When determining whether a parent owes an obligation to support their child, there are times when it must be determined whether the child has withdrawn from parental control. If it is found that the child has voluntarily withdrawn from parental control, the parent(s) will not be under an obligation to support the child.  It is widely accepted that a child's decision to withdraw from parental control is voluntary when they freely make the decision to leave the care and support of their parents and assume the responsibility of maintaining or supporting themselves.

Read More

Child Support: Adult Children with Disabilities

Child Support: Adult Children with Disabilities

When a couple separates, marriage status can impact whether the children receive financial support. Never-married parents fall under provincial legislation, while married parents are under the federal Divorce Act. Sometimes, the type of legislation can produce different results.   In this post, our summer intern, Xinya Wang, from the University of Ottawa, discusses what a recent case that considered the constitutionality of the difference when it comes to child support.

Read More

Imputing Income: Intentional Under- or Unemployment

Imputing Income: Intentional Under- or Unemployment

There are cases of payor parents being intentionally under or un-employed, giving them an extremely low Table amount that can be unfair to both the other parent and the child(ren) in question.  If a parent is not earning as much as they could, then in some circumstances, the court may impute income to them. In other words, the court will say “you ought to be earning $X, you have no reason to be earning less, and so for the purposes of child support, we will use $X as your income to calculate child support.” 

Read More

Child Support: Undue Hardship

Child Support: Undue Hardship

The Child Support Guidelines establish what is considered to be a fair amount of support to ensure that children continue to benefit from the financial resources of both parents following separation.  Sometimes there are circumstances where that Guideline amount is inappropriate because it would cause what is called “undue hardship.” In such cases, the law allows a party to ask a judge to exercise her discretion and adjust the Guideline amount to relieve the undue hardship.  In this post, University of Ottawa law student and Fresh Legal summer intern, Jeffrey Sun, reviews the concept of "undue hardship".

Read More

Child Support: Adult Children

Child Support: Adult Children

The question of continuing to pay support for adult children most often arises in the context of children who decide to pursue a post-secondary education.  When a child decides to pursue a post-secondary education, child support obligations tend to continue.  But what happens when an adult child pursuing higher education has little or no relationship with the parent paying their support?

Read More