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The court varied child and spousal support prospectively after finding a material, unforeseen and continuing reduction in the respondent’s income, but refused retroactive relief and arrears cancellation.
Ms. Joyce is entitled to indefinite spousal support based on the parties' 21-year marriage and her caregiving for a permanently disabled adult child, but she currently has no demonstrated need given her part-time employment, caregiver allowance and the financial contribution of a live-in partner; Mr. Marchand failed to prove he was unable to work or to adequately explain his income, so the application to suspend or vary spousal support retroactive to August 2017 is denied and the court sets quantum at $0 from August 1, 2017 onward while preserving her right to seek future support if circumsta…
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The court imputed income to the husband, revised past support, fixed child support going forward, divided family debt, and apportioned orthodontic and expert fees.
The respondent's notice of assessment established the payer's 2017 annual income as $52,971; accordingly the court calculated monthly child support at $742 for January–November 2017 and $757 for December 2017, determined total payments made in 2017, and quantified the resulting arrears and total underpayment for 2016–2018, which must be paid by the specified date.
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La Cour a conclu à un changement de circonstances et a mis fin aux aliments pour époux au 20 novembre 2016; les arrérages n’ont pas été annulés mais compensés en partie.
Family law trial on arrears, spousal support, property division, pensions, and wedding expenses. The court confirmed support arrears, awarded lump sum spousal support, and ordered equal pension division.
The court found no material change of circumstances warranting retroactive variation to the date of the 2012 Consent Order because the payor knew of his knee injuries when he signed the Consent Order, income had been imputed at $26,500 in that Consent Order and the payor failed to prove he was reasonably unable to work from October 2012 onwards. The court did find a material change from December 15, 2015 (due to back and musculoskeletal conditions) and varied the Consent Order prospectively: child maintenance set at $0 from December 15, 2015, subject to conditions (reasonable job-seeking, dis…
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Court found no material change in circumstances from the applicant's relocation to Edmonton or proven repeated denial of access; therefore custody and access terms in the February 2014 Corollary Relief Order remain unchanged. The court found respondent's income evidence not credible, imputed income of USD 107,000 (based on 2013 W-2) and converted it at 1.25 to CAD 133,750, fixed monthly child support at CAD 1,885 effective September 1, 2015, refused retroactive adjustment, confirmed arrears of CAD 15,617 (as of July 22, 2015) and ordered arrears repaid at CAD 200 per month starting September…
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The court dismissed a request to vary spousal support and cancel child support, finding no material change in circumstances and that Tyrel remained a child of the marriage.
The court retroactively varied child support under the revised Guidelines, set support for an adult university student living independently, and fixed section 7 arrears.
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