Can a husband unilaterally terminate his obligation to pay child support by unilaterally terminating the child's support?
Ontario, Canada
The following excerpt is from C.M. v. R.P., 1991 CanLII 4200 (ON CJ):
[18] Another factor in deciding whether unilateral termination is available to the respondent husband is the existence of his obligation to support the child in the separation agreement. Surely on the basis of Spring v. Spring and the other authorities quoted, the respondent husband cannot argue change of settled intention to avoid an obligation of support contained in the agreement. I therefore find in this fact situation that the respondent husband cannot unilaterally change his intention and hence terminate his obligations.
"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
Is retroactive child support an appropriate way to enforce the existing child support obligation? (Ontario, Canada)
When the husband understated his income for child support purposes, the wife was receiving social assistance. In what circumstances will he be entitled to table child support? (Ontario, Canada)
In what circumstances will a court grant a motion to terminate child support on the basis that the child is no longer a child of the marriage? (Ontario, Canada)
When a child lives away from home, does the court have to consider s. 3(2) of the Child Support Guidelines to reduce child support? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
In a personal injury action brought by the wife against the husband for child support because of his drug addiction, does the wife rely on the law of drug addiction to argue that the husband's drug addiction would be wrong at law and contrary to public policy? (Ontario, Canada)
What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason? (Ontario, Canada)
What is the retroactive retroactive child support obligation of the wife against the husband's equalization payment owing to her? (Ontario, Canada)
When a husband ceases to work when he could be working, when the wife's income is limited by the husband's lack of income, is that husband's absence of work not a bar to a support order? (Ontario, Canada)
What is the current income of the payor spouse for child support under the Child Support Guidelines? (Ontario, Canada)
