Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, November 26, 2005

Canada Rules that More Time With Child Does Not Reduce Support Obligation

The Supreme Court of Canada, in an 8-1 majority decision, decided earlier this month that a divorced parent who spends more time with his or her children should not necessarily be able to automatically pay less child support. The dispute centered on a separation agreement providing that the parents shared joint custody of their son. Initially, the child lived primarily with his mother while the boy's father had access to him on alternate weekends and Thursday nights. In 2000, when his father’s access was increased by more nights per month to accommodate his former wife's studies, an Ontario Family Court judge ruled the father’s child care payments should be reduced. On appeal, the Canadian Supreme Court disagreed with the lower court.  It ruled that the family's entire financial context should be taken into account to ensure an adequate standard of living for both parental homes. Source: For more information, please click here (last visited November 26, 2005, reo).

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