- Home
- Books and Journals
- Irwin Law: Child Support Guidelines in Canada (2012 Edition)
- Chapter 11 - Form and Types of Order
E. Division of Property; Possession of Matrimonial Home
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 421-422 |
Page 421
The Divorce Act confers no jurisdiction on a court to order the transfer of a parent’s interest in the matrimonial home in satisfaction of lump sum orders for retroactive and prospective child support, but the court may direct the orders to be secured against the obligor’s interest in the matrimonial home for so long as the payee parent retains exclusive possession of the home.220Partition and sale of a matrimonial home held by spouses under joint tenancy may be denied where the non-custodial spouse cannot or will not pay child support.221Where a non-custodial parent is unable to provide reasonable support for her children, it may be appropriate for a court to grant long-term possession of the former matrimonial home to the custodial parent.222A custodial parent may be granted a greater share of the matrimonial home pursuant to section 65(1)(e) or (f) of the British Columbia Family Relations Act where the non-custodial parent is unable or unwilling to make a substantial contribution towards child support,223 but an order for an unequal division of the family assets in favour of the custodial parent may be improper by reason of logical inconsistency where it is offset by an order for spousal support.224An unequal division of matrimonial property by way of a postponed sale of the matrimonial home may be justified under section 13(h) of the Nova Scotia Matrimonial Property Act on the basis of the needs of a child under the age of majority. It is not necessary in every case for the custodial parent to present evidence that harm would be suffered by the child as a result of a move or to demonstrate that there is no adequate alternative shelter.225Where a court-ordered matrimonial property division is coupled with an order for child support based on the husband’s imputed income, the court may order the husband to transfer his interest in the matrimonial home to his wife and direct her to mortgage back to her husband the amount owing, without interest, until the child attains the age of majority or the home is sold or the mortgage is paid in full, whichever is earlier. This may serve to provide security for child support payments, with any outstanding arrears being deductible from the mortgage payout.226
Page 422
An unequal division of matrimonial property may be ordered pursuant to The Matrimonial Property Act, 1997 (Saskatchewan) where there is no possibility of obtaining child support, but that should only be done as a last resort...
To continue reading
Request your trial- Irwin Law: Child Support Guidelines in Canada (2012 Edition)
- Chapter 11 - Form and types of order
- J. Cost of Living Indexation
- K. Retroactive Permanent and Variation Orders; Appeals
- A. Diverse Types of Order
- B. Interim Orders
- C. Periodic and Lump Sum Payments
- D. Orders to Pay and Secure Support
- E. Division of Property; Possession of Matrimonial Home
- F. Information To Be Specified in Order
- G. Avoidance of Combined Orders for Child Support and Spousal Support
- H. Commencement and Duration of Orders; Effect of Reconciliation
- I. Terms and Conditions
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.