What is the test for obtaining a temporary order for child support from a stepparent where the allegation is that that that parent stood in the place of a parent?
Ontario, Canada
The following excerpt is from Dunleavy v. Comeau, 2019 ONSC 4535 (CanLII):
To succeed in obtaining an order for child support on a temporary basis from a stepparent where the allegation is that that parent “stood in the place of a parent,” the moving party has the onus to provide evidence of a prima facie entitlement to such support: see Melbrancke v. Proctor, 2016 ONSC 1788.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
How is child support calculated when one parent has physical custody of a child and the parents share custody of another child? (Ontario, Canada)
If a party has delayed obtaining a spousal and/or child support order while trying to negotiate a settlement with the other party, is the recipient of that support order entitled to the recipient? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
What is the scope of the court's authority to change a child support order or adjust outstanding child support under subsection 37(2.1)? (Ontario, Canada)
Does a temporary order put in place by the court as a "temporary order" when the motion before the court is adjourned have any effect? (Ontario, Canada)
Does a custodial parent have to pay child and spousal support to the non-custodial parent of the child? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Does s. 3(2)(b) of the Child Support Guidelines apply to support for an adult child who has ended her relationship with the parent? (Ontario, Canada)
