What is the effect of a father’s financial circumstances on the proportionate share of the father's expenses under section 7 of the Family Law Act?

Yukon, Canada


The following excerpt is from J.C. v. S.A.W, 2008 YKSC 95 (CanLII):

Before moving on to consideration of the particular facts on these cross-applications in the context of the above law, I would simply note that one case from Ontario, Bertram v. Murdock 2006 ONCJ 69, held that there is no ability to vary, adjust or avoid the obligation to contribute to a parent’s proportionate share of the s. 7 expenses on the basis that it would cause undue hardship. On the other hand, it would seem to me to fall within the discretion given to the court under s. 7 to consider whether requiring a parent to pay would be beyond that parent’s ability to pay, taking into account that parent’s total household income, debts, capital assets and other financial circumstances. APPLICATION OF THE FACTS TO THE LAW The father’s financial circumstances

Other Questions


When one of two joint owners of a family home has exclusive possession of the home, can the other joint owner who lives outside the family home claim occupation rent? (Yukon, Canada)
Can a monitor be appointed to oversee the purchase and sale of shares while a finding of oppression is made out? (Yukon, Canada)
Is the victim's age an aggravating circumstance in sentencing for sexual assault? (Yukon, Canada)
How has the court considered the potential prejudicial effect of excluding or excluding evidence of abuse in a sexual assault case? (Yukon, Canada)
What is the test for an application to appeal against release pending appeal under Section 1(1)(b) of the NWTCA? (Yukon, Canada)
In what circumstances will a jury dismiss a claim for damages for slander? (Yukon, Canada)
What is the proper procedure for determining whether an unequal division of family assets is appropriate? (Yukon, Canada)
When will a set-off be set off in a family proceeding? (Yukon, Canada)
What is the effect of having all the matters heard at the same hearing? (Yukon, Canada)
What is the effect of a finding in a sexual assault and battery case? (Yukon, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.