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The court found the adult children with disabilities remained children of the marriage, varied support retroactive to November 1, 2023, and reduced Manitoba penalties to BC-rate interest.
The court varied child support downward based on reduced income and one remaining child, effective the date formal notice was given. Other relief was denied.
The Court dismissed most of the father's variation application, but reduced extraordinary expenses prospectively on a shared-income basis from January 1, 2023.
The court dismissed a child support variation and arrears reduction application, finding no material long-lasting change in circumstances and no gross unfairness under the Family Relations Act.
Application under the ISOA concerning confirmation of a New Zealand provisional variation order for child support, arrears, income imputation, and section 7 expenses.
The court provisionally cancelled child support arrears after finding a material, long-lasting change in circumstances caused by illness and unemployment. Retroactive support was refused for lack of evidence.
Because the respondent failed to provide sufficient documentary evidence and affidavits about his income and benefits, the court imputed annual incomes for 2017-2020, applied the Nova Scotia Child Support Tables to calculate retroactive and prospective table amounts, and ordered a monthly table payment plus a monthly repayment plan for the retroactive arrears, with ongoing annual income disclosure obligations.
Source excerpt
The court varied child support after finding the eldest child was no longer a child of the marriage, but left the section 7 issue undecided for jurisdictional submissions.
The court dismissed a child-support variation application because the interjurisdictional procedure was flawed and it was unclear whether the original order was provincial or federal.
The court held the child became independent at the end of April 2018, terminated ongoing child support effective April 2018, declined to go behind the April 2016 order for the period to March 31, 2017, and adjusted the table amount effective April 1, 2017 based on the applicant's prior year line 150 income resulting in a recalculated past obligation totalling $21,758.
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