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The court dismissed an application to vary child and spousal support, finding no material change in circumstances and maintaining the imputed income of $123,910.
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.
Applying D.B.S. factors the court found applicant delayed in filing but delay did not preclude retroactive relief because respondent engaged in blameworthy nondisclosure when his income rose; respondent failed to prove hardship from retroactive adjustment; therefore retroactive variation was appropriate only for three years prior to the application (retroactive to 2016) with specific income recalculations for 2016–2018, prospective adjustment effective March 1, 2020, and inclusion of a recalculation clause.
Source excerpt
Applicant failed to meet the burden of proof to establish that either child became independent in 2004 or that he paid amounts sufficient to discharge his obligations; no valid court variation of the January 26, 2000 corollary relief order was shown; Maintenance Enforcement records and parental testimony established arrears and that child support continued beyond 2004, therefore the application to terminate support was dismissed except that spousal support was reduced from $1,200 to $900 per month and existing security and disclosure obligations remain; arrears as calculated by the Maintenanc…
Source excerpt
Post-trial family law applications: the court orders Leslie Brown to pay Roy Brown $28,150, denies prejudgment interest, and dismisses Leslie’s attempt to relitigate decided issues.
Because the father was properly served, failed to attend, the separation agreement allocated custody to the mother, and the father had minimal contact and inconsistent payments, the court granted interim sole custody to the mother, set interim child support based on the father's known 2008 income of $80,000 using table amounts (Nova Scotia tables to be adjusted to Alberta tables) and ordered disclosure of income tax documentation and continuation of medical coverage for the children.
Source excerpt
The court awarded retroactive child support after finding the father had concealed income, varied custody to joint custody, and imputed income to the mother.
The court adjourned a support review pending sworn accountant evidence and fuller corporate disclosure, while keeping the existing child and spousal support orders in force.
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