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

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