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."