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Application to vary child support and section 7 expenses. The court upheld per-child section 7 payments, found Noah and Emily ceased to be children of the marriage at different times, and imputed income to the respondent.
The court granted a modest increase in parenting time, refused retroactive child support relief, imputed the respondent’s income at $50,000, and approved capped special expenses.
Interim child support and section 7 expense relief was dismissed because the court lacked enough evidence to quantify a stepparent obligation.
The court varied a 2011 child support order, set the parties’ Guidelines incomes, awarded retroactive and prospective support, and equalized section 7 expenses.
Court found Hannah ceased to be a dependent child for June–August 2022 and ordered reimbursement to father for child support paid those months; found Hannah was a dependent while enrolled in sequential post‑secondary programs and ordered father to pay table child support January 1–April 30, 2023; ordered both parents to each pay $1,363.75 toward HDC expenses (Sep–Dec 2022) payable $75/month beginning May 1, 2023; ordered provisional obligations up to $1,375 each for Jan–Apr 2023 Eastern Esthetics expenses subject to accounting for non‑repayable grants/loans and documentary proof, with payment…
Source excerpt
The appeal was allowed because the trial judge made significant and consequential errors in calculating the appellant's income (including improper additions and input errors) and failed to apply the Colucci framework for retroactivity; the appellant's proposed fresh evidence was excluded for lack of due diligence; because of legal and factual deficiencies and concerns about the trial judge's findings, the matter must be remitted for a new trial before a different judge; costs awarded to appellant for appeal and stay motion in the amount of $5,000.
Source excerpt
The court fixed the father’s 2019 and 2020 income at $75,538, varied child support to $721 monthly, and made new parenting and expense orders.
The court varied interim support using the parties’ 2020 incomes, but rejected income imputation and add-backs to the claimant’s business deductions.
Family-law decision on retroactive child support under a separation agreement, with shared parenting and disputed income disclosure. The court limited retroactivity to three years and ordered setoff.
The court reviewed and retroactively varied child support from September 2017, fixed party incomes, and addressed post-secondary support and s. 7 expenses for two adult children.
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