Does a custodial parent have to pay child and spousal support to the non-custodial parent of the child?
Ontario, Canada
The following excerpt is from Jaques v. Marlin, 1995 CanLII 7338 (ON SC):
Bearing in mind that support is an entitlement of the child (See Richardson v. Richardson (1987), 1987 CanLII 58 (SCC), 7 R.F.L. (3d) 304 (S.C.C.)) and also that access flows from the right of a child to maintain contact with the non-custodial parent, it is not surprising that the statutory language does not foreclose an order that the custodial parent might pay support to the non-custodial parent (whether it be called spousal support or child support) to enhance that party’s ability to exercise access.
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