Is there a case in which a payor failed to respond to being served with a notice of intent to vary a child support order?
Ontario, Canada
The following excerpt is from King v. King, 2001 CanLII 35688 (ON CJ):
[14] Cranston-Aube v. Stubbington, supra, was a case in which the respondent did nothing after being served, just like the respondent in the present case. That case involved a claim by a mother for child support, unlike the present that involves a claim by a payor father to vary a child support order. In both these cases, the first two pre-requisites are met. It is the third that is in question. Can the issues be adequately determined by proceeding with the provisional-confirmation scheme set out in section 44 of the Family Law Act?
[15] There were several factors that apply to this third prerequisite, which is an opinion of the court in the circumstances. These were also of some import in Cranston-Aube v. Stubbington, supra.
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