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Child support-related claims were partly allowed. The court ordered retroactive support, declined to impute income to the claimant, and dismissed reimbursement for Tarys’ bookkeeping course.
The appeal was dismissed because the trial judge's factual finding that the respondent's income was zero or close to zero was supported by the record and not shown to be a palpable and overriding error, the trial judge correctly applied the separation agreement provisions regarding shared parenting and income-based child support, and the costs decision was a discretionary family law determination made without error in principle.
Source excerpt
The court found three material changes since the separation agreement (significant income changes for both parties, respondent's serious deteriorating health leading to disability, and cessation of child support) but concluded respondent remains entitled to ongoing spousal support on compensatory and non-compensatory grounds; applicant can pay and respondent cannot meet basic needs without support, therefore termination is refused and spousal support continues at $617 per month until further agreement or court order.
Source excerpt
Application to vary spousal support under a separation agreement dismissed because no unanticipated material change in either party’s finances was proven.
The trial judge permissibly imputed modest annual income of $35,000 to Ms. White based on the separation agreement's requirement that she make reasonable efforts to support herself and the evidence of limited employment efforts; the judge permissibly declined to impute additional income to Mr. White because evidence supported that his unemployment was not intentional and he sought re‑employment; appellate court defers to these factual findings and dismisses the appeal.
Source excerpt
The court granted divorce, upheld the separation agreement’s spousal support quantum, but reduced the support duration on review and awarded costs to the respondent.
The court kept the claimant’s Guideline income at $35,000, refused retroactive child support reduction, required post-secondary costs to be shared proportionately, and maintained spousal support at $1,862 monthly.
The court found a material change in circumstances after the claimant lost long-term employment, reduced spousal support to $1,000 per month, and kept life insurance security in reduced form.
The court held the payor owed spousal support at the contractual rate until retirement, then ended support on retirement, with arrears owing for the reduced payments.
Appeal partly allowed in a family support dispute: the spousal support issue was remitted for reconsideration under Miglin, while the child support ruling was upheld.
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