When do child support payments in Ontario end?

In many divorce cases involving a minor child, the judge renders a decision on the issues of both custody and support and typically orders that the non-custodial parent pay child support to the custodial parent for the child until a termination date. In Canada, child support payments end once the child is no longer deemed a “dependent” under the law.

For most situations, a child will be entitled to child support until 18 years of age. However, in many cases the “until-18 rule” will not apply and the child may be entitled to support beyond the “age of majority”. For instance, a child over 18 years of age is still entitled to child support if the child is a full-time student in school, even if the child has a part-time job while attending school.  The child support obligations do not end because the law assumes that full-time students are still dependents and are unable to support themselves. Along with child support, the non-custodial parent may also have an obligation to contribute to the child’s special expenses, which would include the costs associated with attending school, such as tuition.

Child support is governed by federal law and does not change from province to province, although the amounts may differ based on the cost of living for the area. In cases when the child support termination date is not specified in the support order, the support payments may continue until the child has obtained a post-secondary degree or as long as the child is in school full-time. It is also not unheard of, albeit rare, for child support to be paid even while the child completes further schooling, including a graduate degree, particularly if the educational program is required in order for the child to pursue his or her desired occupation.

To terminate the payor’s child support obligations, the payor must file a motion to change a final order with the court and have the court issue a new order ending the support payments. For payments enforced by the Family Responsibility Office, the payor can contact the government agency to inform the office of the change in circumstances and obtain consent from the support recipient to terminate the payments. 

 

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By heather - Last updated: Sunday, July 25, 2010
Filed in Child Support, Divorce, Support Orders •


MP plans on private member’s motion to review Canada’s Divorce Act

A Saskatchewan Conservative MP, Maurice Vellacott, has put forward a private member’s bill, Bill C-422, that would amend the federal Divorce Act to mandate shared custody of the children when parents divorce, unless a parent can show that it is not in the child’s best interest to do so.  This piece of legislation was first brought before Parliament over a year ago but is still in its first reading.

Recently, a Western Arctic MP, Dennis Bevington, has announced that he has agreed to put forward a private member’s motion to have the federal Divorce Act reviewed in the House of Commons. The motion was put forward, in part, after Bevington was approached by a Yellowknife resident, Mark Bogan, who, on behalf of the Canadian Equal Parenting Council, is seeking to have shared custody of children become the presumed arrangement when parents divorce.

According to Bogan, Canada’s Divorce Act is outdated and there should be legislation focused on keeping divorce cases out of court while encouraging shared parenting, where both parents have equal custody. “It’s better for the parents to mediate and come up with an amicable solution,” Bogan recently quoted in Northern News Services. “If they’re unable to do that, court would mandate they would have an amicable, loving relationship with children. ‘Keep kids out of court’ is really our message, keep these families healthy.”  Because of the Divorce Act, Bogan said he was not allowed access to two of his children for the better part of their lives, one of whom is now 19 years old.

Bevington said it was not only the Canadian Equal Parenting Council’s ideals but the “litigious nature” of the Divorce Act that pushed him to action. A private member’s motion is not the same as a private member’s bill, because it does not have the same policy recommendations as a private member’s bill. However, it can let the government know that important changes do need to be made.

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By heather - Last updated: Thursday, July 15, 2010
Filed in Child Custody in Ontario, Divorce • Tags: , , , , ,


Facebook Privacy Issues and Ontario Family Courts

The social networking website called Facebook is a tool to exchange information that has now made its way into the courtroom and is being used as evidence in litigation, particularly in family law disputes. In the United States, Facebook messages are commonly used in family law cases, as well as in civil and criminal cases and jury selection; while in Canada, the use of Facebook as documentary evidence is steadily on the rise.

Facebook has recently simplified its privacy settings and a user can now set his or her Facebook settings to enable only persons the user has manually added to their “friends list” with the ability to access and view the user’s on-line profile.

Another important feature within Facebook’s account privacy settings is the user’s ability to limit the information “friends” can view on the user’s profile. For instance, a user can prevent an ex-spouse or soon to be ex-spouse from viewing photos, relationship status, or wall postings.

Facebook users should be aware of a specific privacy setting that is available for ‘Applications’. Even though some users do not have the game FarmVille, or similar Facebook games uploaded to their profile, when a user’s “friend” has installed the game on their profile that game now has the capability of pulling personal Facebook information and photos from any listed “friends” of that individual. An adjustment to the privacy settings to prevent any sharing of information with an Application is recommended.

Due to the increase in the use of Facebook as documentary evidence in several recent Ontario family law court cases, Facebook users with pending court matters should not post information pertaining to the case and should also consider adjusting their privacy settings to avoid the possibility of having personal information used against them in court. 

 

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By heather - Last updated: Sunday, July 11, 2010
Filed in Child Custody in Ontario, Child Support, Child Visitation, Divorce, Spousal Support, Support Orders •


Judges Interviewing Children during Ontario Family Court Divorce Cases

Television, movies and other various forms of media often inaccurately depict court room procedures of cases dealing with divorce and child custody. In many instances, the media will have a child on the stand as a witness being questioned by a lawyer. In reality, children are rarely in court and instead their parents provide to the court the child’s wishes.

A recently published article in the Lawyers Weekly Magazine highlighted the infrequency in which Ontario judges meet with or interview children involved in custody disputes. In the article, a 2009 survey that interviewed judges in both Ohio and Ontario found that less than half of the judges in Ontario had ever interviewed a child.

Ohio was chosen in the comparative study because it is common practice for judges in that state to meet with and interview children as it is considered a useful tool in handling family law cases. In contrast, in Ontario interviews of children in family law cases is rarely elected to be performed by the judiciary due to the fact that judges do not have the training needed to effectively interview children in such important matters. Instead, children are often interviewed and/or assessed by either a psychiatrist, or other licenced professional, or a children’s lawyer. Alternatively, in Quebec, the process of judges meeting with children privately – without their parents present – is becoming more and more common.

When a child in a divorce case does end up in a courtroom setting, the judicial interview can make an already stressful situation even more so.  However, the article suggests that Ontario judges should meet with the child to speak with him or her directly – while not recommended as the only way of getting a better understanding of the child and their situation – to allow the judge to gain better insight into the child’s views and preferences, as well as providing the child with a forum for their point of view to be been heard on decisions that impact their lives. This process also allows the child to learn more about the judicial process and how decisions are made.

Judicial interviews may prove to be beneficial for children of divorces, particularly where parental alienation has been alleged.  Judicial interviews can assist in the determination as to whether alienation has occurred and/or whether the child has legitimate reasons for not wanting to see a parent.

LINK:

http://www.lawyersweekly.ca/index.php?section=article&volume=30&number=9&article=2

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By heather - Last updated: Wednesday, July 7, 2010
Filed in Child Custody in Ontario, Divorce •