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The court set aside a family law consent order for mistake, declined to impute income to either party, and ordered retroactive support recalculation on tax-line incomes.
The court set aside parts of a 2014 consent order on common mistake, finding the partiesâ real property valuations were wrong and the spousal support waiver did not reflect their true agreement.
Court declined to award broad retroactive increase from 2006 to 2013 because applicant delayed unreasonably in pursuing variation, child enjoyed comfortable standard of living, fatherâs conduct though imperfect was not sufficiently blameworthy to justify retroactive award, and a retroactive award would cause hardship; limited retroactive increase of $2,086 was ordered for March 1, 2013âApril 30, 2017 and various prospective orders were made (medical premium sharing, limited extracurricular contribution, termination of mandatory RESP obligation).
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The court found a material change in the respondentâs income circumstances and reduced spousal support from $1,550 to $460 per month.
The Court refused to set aside the June 18, 2008 Consent Variation Order because there was no duress, no deliberate misrepresentation and disclosure failures did not render the agreement invalid; the court added back (imputed) dividends paid to the fatherâs spouse and children to the fatherâs income for calculation purposes, denied all requests for retroactive recalculation of child support and retroactive spousal support, found the mother entitled to ongoing spousal support but reduced to $2,000 per month commencing June 1, 2011, declined to impute income to the mother, and ordered the motheâŚ
Source excerpt
The court refused to retroactively vary or set aside the December 4, 2007 consent order because the mother failed to meet the burden of proof of fraud, duress or material misrepresentation and failed to provide timely disclosure; the court determined the mother's income for 2007 at $42,031 and for 2008 at $40,384, calculated arrears accordingly, and ordered prospective child support of $453 per month from November 1, 2009 together with ongoing disclosure and recalculation of arrears by Maintenance Enforcement.
Source excerpt
A British Columbia court varied spousal support in light of retirement planning, the recipientâs new relationship, and the partiesâ consent order, while excusing frustrated disclosure and insurance obligations.
The court found a material change in circumstances after the defendantâs bankruptcy shifted family debt to the plaintiff, and increased spousal support to $300 monthly.
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