What is the effect of a one year principle on spousal and child support?

Ontario, Canada


The following excerpt is from Thrasher v. Stevenson, 1985 CanLII 1883 (ON CJ):

[32] It would seem to me that the message of Johannes v. Johannes is that a one-year principle, rule, guideline or rule of thumb, whatever it may be called, only has relevance to the extent that the reasoning on which it is based is applicable in any particular case. It has no significance whatever, whether applied to arrears of spousal or child support, as a rule having any force of its own. Its usefulness is rather to alert one to the possibility that, in cases where arrears have accumulated beyond one year, circumstances may exist that are themselves relevant by the terms of the applicable statute and that bear upon the issue before the court. For example, the failure on the part of a spouse to enforce a support order for a period lasting in excess of one year may be considered upon a variation application relevant evidence as to lack of need. It is, however, the matter of need that is the relevant consideration, not the failure to enforce, per se.

Other Questions


Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
What is the effect of the Child Support Plan on the payment of child support benefits? (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)
How has the court interpreted section 19(1)(a) of the Child Support Guidelines and interpreted the meaning of the word "intentionally" in relation to child support? (Ontario, Canada)
Can a husband unilaterally terminate his obligation to pay child support by unilaterally terminating the child's support? (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)
What is the current income of the payor spouse for child support under the Child Support Guidelines? (Ontario, Canada)
Can a percentage of the "hard costs" associated with child support be deducted from rental income for the purpose of calculating child support? (Ontario, Canada)
Does s. 3(2)(b) of the Child Support Guidelines apply to support for an adult child who has ended her relationship with the parent? (Ontario, Canada)
Is a motion for retroactive child and spousal support a matter of enforcement rather than retroactive support? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.