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The court ordered Michael Ronald Hartt to pay Leona Marie Lacoff $685 per month in spousal support for 42 months, and found no arrears remained under the prior order.
The court cancelled a CPL and two FMEA charges against the Chilliwack property, finding no pleaded interest in land and no authority for the respondent’s registrations.
The court addressed parenting, child support, FMEP enforcement, and a requested publication ban. It ordered phased reunification, varied support, and released most held funds.
Using verified Notices of Assessment, T4s and Maintenance Enforcement records the court recalculated support and found a small balance owing by the father of CAD 1,062.48 as of October 31, 2015; set prospective child support at CAD 597.47/month based on the father's declared income and ordered Maintenance Enforcement to update records; denied the father's application to change primary custody because he did not prove a material change in circumstances affecting the child's best interests and retained joint custody with the mother as primary parent while increasing the father's parenting time…
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The court varied child support downward and ended spousal support effective January 1, 2012, but refused to cancel arrears or return the applicant’s passport.
The court refused to cancel or reduce child support arrears, finding the claimant’s lower income was self-induced. It declared the son no longer a child of the marriage and set ongoing support at $960 monthly.
Variation granted to the extent that child support obligations terminated for the eldest child effective June 30, 2006 and for the youngest child effective June 30, 2009; Maintenance Enforcement must recalculate arrears based on varied amounts, return monies held in trust to the applicant, and require the respondent to repay any overpayments because continued garnishee deductions after the children's termination produced recoverable overpayments.
Source excerpt
Given the father's documented higher income for 2009, his pattern of non‑compliance with disclosure and payments, and the parenting time evidence, the court varied child support to $500/month effective January 1, 2009, allocated extraordinary expenses pro rata (76% to father) and ordered immediate payment of his share of specified arrears; the court also ordered continuing medical coverage and specific notice requirements to ensure enforceable compliance.
Source excerpt
Appeal dismissed from a refusal to find contempt over unpaid child and spousal support. The Court held the applicant had not proved contempt beyond a reasonable doubt.
The Court of Appeal dismissed an appeal in a spousal support matter because the appellant had not paid the existing maintenance order and gave no convincing reason for default.
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