If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
#1
|
|||
|
|||
Canada: Contino Decision Blow to Dads
More time with child doesn't mean less support, top court rules
Last Updated Thu, 10 Nov 2005 11:25:36 EST CBC News A man in Ontario has lost his legal challenge to reduce his child support payments because he was spending more time with his son. In a majority decision, the Supreme Court of Canada ruling maintains the status quo as to how child support payments are calculated. The court ruled there should not be an automatic reduction in support just because one parent spends more time with the child. It ruled that each case has to be evaluated on its own merits. The case involved former husband and wife Joanne Leonelli-Contino and Joseph Contino. After they separated in 1992, they agreed to provide joint custody for their son Christopher. Their son would live with the mother with liberal access to the father. By 2000, the child was spending around 50 per cent of the time with his father. Joseph Contino challenged the amount of support he was paying because he was spending more time with his son. A lower court agreed and ruled that the amount the mother was receiving should be reduced. On Thursday, the Supreme Court upheld the mother's appeal of that decision. The top court ruled that courts must recognize that many child-care costs are fixed. It also said that courts must take the financial situations of both parents into account when determining support payments. The high court awarded the mother $500 a month, down from the original $563 a month but more than the $339 awarded by the Ontario Court of Appeal. "Today's decision stops the battle of 'dollars for days'," Dedre Smith, lawyer for Joanne Leonelli-Contino, said in a news release. "Now if Dad wants increased time with his children, Mom can't refuse, claiming that he just wants to reduce his support." |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Discrimination against CP Dads in Canada by the CRA | [email protected] | Child Support | 3 | February 16th 11 03:56 PM |
Spanking works.... | [email protected] | Spanking | 3 | October 25th 05 06:17 PM |
Canada pulls Adderall from market, After sudden deaths and strokes. | Kevysmom | Kids Health | 0 | February 13th 05 02:53 PM |
Mom struggles to see kids in foster care | wexwimpy | Foster Parents | 1 | May 25th 04 02:33 PM |
Help Eliminate an Instrument of Child Torture | Kane | Spanking | 34 | December 29th 03 04:54 AM |