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Digest of the Week | Failure to Pay Interim Support

Digest of the Week | Failure to Pay Interim Support

Husband’s actions disentitle him from continuing with appeal



Cosentino v. Cosentino | 2017 ONCA 593 | Ontario Court of Appeal


Support -- Child support under federal and provincial guidelines -- Determination of award amount -- Spouses' means -- General principles


Parties were married in 2001 and had two children, 11 and 13 -- Order bifurcated custody and access issues from financial matters -- Trial judge made final order that husband was to pay wife equalization payment, child support and spousal support -- Husband appealed quantum of equalization payment and wife cross-appealed quantum of child support -- Wife brought motion for order dismissing husband’s appeal for non-payment of child and spousal support -- Motion granted -- Husband’s appeal was dismissed with costs -- Husband’s action in failing to pay interim child and spousal support and in not pursuing or perfecting appeal on timely basis disentitled him from continuing with appeal -- Wife’s cross-appeal was correspondingly dismissed.
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