Under Ontario family law, is child support payable for the time period in which the payor parent has a block of access time with the child? This was the question before the Ontario Superior Court of Justice in Nicholson v. Nicholson, 2016 ONSC 5573.
In this case, the payor exercised a block of time with the child pursuant to an agreed upon schedule. The payor then brought a motion claiming that child support is not properly payable for the period of time in which the child was in their care. The court disagreed, stating:
The support being paid by the respondent is for the benefit of the [child]. The respondent’s time with [the child] during the summer was the agreed upon summer parenting time schedule. This on its own, in my opinion, does not vitiate the obligation to pay child support for [the child] during the time the respondent had [the child].
The result is not surprising but perhaps it is avoidable by way of separation agreement. Consult a Toronto family lawyer to discuss child support and separation agreements.
Jeffrey L. Hartman