T.L.M. v. D.P.M.

Parties

Procedural Posture

Application to Vary and Increase Spousal Support Retroactive to Divorce Under the Divorce Act / Judgment on Application (reasons for Judgment)

Legal Issues

1. 1 Whether applicant is entitled to retroactive increase in spousal support to September 25, 2007
2. 2 Whether respondent's failure to comply with court orders for financial and tax disclosure justifies retroactive relief and affects calculation of arrears
3. 3 Whether respondent's post-separation income increases justify variation of spousal support

Ratio Decidendi

Respondent's repeated and unjustified failure to comply with multiple court orders to provide income tax and financial disclosure prevented timely assessment of entitlement and calculation of proper spousal support; respondent's significant post-separation income increases, coupled with applicant's caregiving role and limited earning capacity (including care for a child with disabilities) justify a retroactive variation and ongoing increase. Court applied mid-range Spousal Support Advisory Guideline figures, deducted amounts actually paid, discounted calculated arrears by approximately 20% for fairness, fixed arrears at $50,000 repayable at no less than $700/month, and ordered ongoing...

Court Disposition

Application granted in part: retroactive spousal support awarded in reduced lump sum and ongoing increased spousal support ordered prospectively

Orders

• Respondent to pay arrears of spousal support in the aggregate amount of $50,000 CAD
• Respondent shall make payments of no less than $700 CAD per month toward the $50,000 arrears until fully paid; payments may be made in whole or in part at any time