What is the test for making full payment of a support order?

Ontario, Canada


The following excerpt is from White v. White, 1985 CanLII 1882 (ON CJ):

[14] The case law on this issue is clear. Nothing is determined in an enforcement proceeding except the narrow issues before the court at that time. These are essentially two in number: • Has the debtor demonstrated that failure to pay is due to inability to pay? and • In the event he does not so satisfy the court, what method of enforcement will be applied? In the course of determining this method, the court will often make a subsidiary determination of what periodic payment may be appropriately required in the debtor’s circumstances. This amount may often be less than the amount of the original support order. Although there has been a widespread practice of ordering a partial payment where full payment is found to be impossible, such practice may be now subject to question as a result of the decision in Doyle v. Doyle, supra.

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