Interim family law reasons on child and spousal support, s. 7 childcare and activities, respondent income, and retroactive issues, with costs to the claimant.
Because the respondent failed to provide accurate financial disclosure and the applicant did not unreasonably delay seeking recalculation, the court used actual income information to recalculate support, dismissed the parenting variation for lack of demonstrated change and best interest, ordered specified prospective child support and childcare contributions, and awarded retroactive child support in the amount fixed by the court ($6,970.16 minus payments made after June 1, 2021 through August 31, 2021).
The court declined to impute income to the respondent during parental leave, rejected Tae Kwon Do as a special expense, and made limited daycare and disclosure orders.
Shared-custody child support dispute. The court upheld $7,900 monthly support, ordered apportionment of special expenses, addressed childcare costs, and required annual tax-return exchange.
The Consent Order's fixed childcare contribution remains binding and cannot be varied; retroactive section 7 claims are barred for periods prior to the Consent Order; government benefits (child tax and disability) are not shareable unless they directly relate to the specific section 7 expense claimed and, after accounting for incomes and applicable benefits, no cost sharing of the contested section 7 expenses (medical premiums, psychological, tutoring, and extra-curricular) was ordered; table child support adjusted to $831.60/month as of July 1, 2015; Mr. Nickerson must provide March Break no…
Based on the applicant's Childview calculations the court found the respondent overpaid s.7 child care expenses in 2014 and is entitled to a credit of $1,130.75 to be deducted from child support arrears, reducing arrears to $2,589.25; the respondent must pay monthly child care contributions of $227 from January 15, 2015 until September 15, 2015 when the amount reduces to $190, the applicant must notify changes within 10 days, annual adjustments are to occur each March beginning 2016, and costs are refused due to the respondent's failure to file submissions.
The Court settled a draft family-law order, deleting an unintended costs award and correcting daycare and tuition calculations tied to an interim order.
Settlement of trial order
Costs awards
Calculation of childcare and tuition reimbursements
Child support variation case applying D.B.S. to retroactive table and s. 7 expenses, with support set at $504 monthly and partial retroactive relief ordered.
Because the respondent failed to discharge the onus to prove a change in income since the previous order and his income did not support payment of one-half of childcare costs in addition to existing obligations, the court fixed a consolidated monthly payment of $400.00 to the applicant (including child support and the respondent's share of childcare), effective November 1, 2003.