Law 2101 Lecture Notes - Lecture 11: Child Support, Software, Canada Pension Plan
27 Dec 2018
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Divorce act: spouse or former spouse spouse = married person. Applies on or after divorce: family law act applies in other situations such as 1) separation of married couple and neither spouse initiates divorce proceedings and 2) separation of common law partners. Part iii, ontario"s family law act spouses include. Two persons who have cohabited continuously for at least three years. Two persons who have cohabited in a relationship of some permanence and have child together or adopt one. Child support has priority: lawyers and courts deal with child support first, if there is not enough income for both child and spousal support, court awards only child support. Issues: entitlement, is claiming spouse entitled to any, quantum, type of order (lump sum or periodic payments) amount and, if periodic, duration of payments. Effect of conduct: divorce act, cannot consider matrimonial misconduct, family law act, can consider conduct in extreme circumstances only, in practice, not considered.
