Wilson on Children and Financial Support
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General Editor: Farrah Hudani
Former General Editor: Jeffery Wilson
Author: Maryellen Symons
While the common law did not historically oblige parents to support their children financially, federal, provincial and territorial legislation imposes a statutory obligation on parents to do so. As this area of family law continues to evolve, it is incumbent on practitioners to have access to a reliable resource to help them navigate this important topic. Wilson on Children and Financial Support provides the direction they require.
Derived from the definitive loose-leaf text Wilson on Children and the Law, this new publication offers a comprehensive look at the financial support of children in Ontario, and is an affordable, accessible volume that will be particularly helpful for anyone who must address this subject, including family law lawyers, legal aid clinics, judges and patrons of law libraries.
The expert analysis contained in this book covers a broad range of child support-related issues, including:
- The origins of child support obligations
- A review of current child support legislation, including the distinction between provincial and federal child support laws
- The death of a parent and its impact on child support
- Income tax rules concerning children
- Enforcement of child support orders
- Support resources outside the family
Table of contents
Chapter 1: Introduction
a) Criminal law duty
b) Statutory origins of the civil child support obligation
c) Early legislative reform and the childrenization of poverty
Chapter 2: Child support legislation
a) Provincial legislation
b) Federal legislation
c) Distinctions between the provincial and federal child support laws
d) Pre-guidelines jurisprudence: Inconsistent and inadequate child support
e) The child support guidelines – Codifying the determination of child support
f) Statutory remedies outside of the guidelines and case development
Chapter 3: Death of a parent and child support
a) Securing child support upon death of the payor under the Family Law Act
Chapter 4: Income tax rules concerning children and the impact of parenting arrangements
a) Child support payments
b) Transfers of property to a child upon the parents’ separation
c) Death of a spouse and impact upon tax rules affecting children
d) Personal income tax credits related to children
e) Canada Child Benefit (CCB)
f) Child care expenses
g) Tuition fee and education tax credits
h) Registered Education Savings Plans (RESPs)
Chapter 5: Enforcement of child support orders
a) Damages/compensation: Common law and equitable relief
b) Specific support enforcement legislation
c) Lump sum child support awards
Chapter 6: Support resources outside the family
a) Ontario Works Act
b) Health Insurance Act
c) Ontario Disability Support Program Act