What is the law in relation to support by a party where there is a second family involved?
Ontario, Canada
The following excerpt is from Rowe v. Piche, 2012 ONCJ 114 (CanLII):
[48] In her decision in Kugler v. Kugler (1994) 8 R.F.L. (4th) p.295 (O.C.J.), Justice Katarynych summarized the law in relation to support by a party where there is a second family involved. Quoting from p.220 of that reported decision: It is clear that a court cannot disregard a new family unit that has come into being since the breakup of the marriage. It is also clear that the new family responsibilities weigh heavier when the court is making an original (italics in text of decision) order for support and the payor’s circumstances are financially very tenuous...In short, the court cannot ameliorate the condition of the first family while devastating the second family.
"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
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)
Is a party in a family law support case required to provide a complete and frank financial disclosure in the form of a financial statement? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
What is the test for making a party pay part or all of the expenses incurred by the other party in a family law case? (Ontario, Canada)
What are the costs of a family law case involving support costs? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
In support of a joint family plan, does the Child and Family Services Act, R.O. 1990, c.61(2) make a presumption in favour of a community or kin plan? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
How has the court interpreted section 19(1)(a) of the Child Support Guidelines and interpreted the meaning of the word "intentionally" in relation to child support? (Ontario, Canada)
