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The court determined the parents’ incomes for child support, declined to impute income to the claimant for completing her degree, and ordered varied support.
Summary trial in a family law dispute: divorce granted, property and debt divided, retroactive and ongoing spousal support ordered, and digital currency records required.
The court held the February 2011 transfer of the No. 5 Road Property was a fraudulent conveyance, imputed income to Balbir, and ordered child support, s. 7 expenses, security, and reapportionment.
The court awarded limited retroactive child support, set prospective support at $238 monthly, and ordered contributions to Brentwood College tuition, while rejecting most other retroactive s. 7 claims.
The court found a material change in circumstances because the applicant became unable to work due to a serious hip injury and his income fell below the Nova Scotia table threshold; therefore child support was terminated effective June 1, 2017 and arrears for that period forgiven, and repayment of garnisheed sums since that date was denied because of lack of evidence of the respondent's financial circumstances and prior underpayments by the applicant.
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Cour d’appel de la Colombie-Britannique: la Cour conclut que la répondante se tenait à la place d’un parent pour l’enfant de l’appelant, confirme l’imputation de revenu et renvoie le calcul de sa propre pension alimentaire.
The court imputed the father's income (average $18,500 for 2010‑2012 and $17,130 for 2013), found no lawful excuse for non‑payment, awarded retroactive child support fixed at $9,875, ordered ongoing basic support of $270 monthly effective November 1, 2013, directed payments through the Maintenance Enforcement Program, ordered immediate and ongoing income disclosure by the father and limited section 7 awards to a $21 monthly contribution toward health insurance effective August 1, 2013; other s.7 claims were denied for lack of quantification and evidence.
Source excerpt
The court varied child and spousal support, recalculated the payor’s guideline income, ordered nominal spousal support, and fixed child care contributions.
On a Divorce Act application, the court found a material change in circumstances and reduced spousal support from $4,500 to $1,460 monthly, with arrears adjusted accordingly.
The Court of Appeal upheld the variation order, including the respondent’s 2008 guideline income and increased spousal support, and dismissed the appeal.
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