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M.A. was found to remain a child of the marriage. The court partially included Mr. A’s LOA in income for 2023, ordered equal property division, and awarded indefinite spousal support.
Leave to appeal was granted because the Applicant presented at least two arguable grounds within s.58: a possible breach of natural justice by the General Division Member’s conduct at the hearing that may have prevented full presentation of the case, and an identifiable legal error in the General Division’s calculation of the pension commencement date (decision found disability in November 2012 but set payments to begin five months later rather than the statutory four-month delay). Other alleged errors (reweighing evidence, promise of further evidence, objection to Employer Questionnaire) do…
Source excerpt
Family law trial concerning divorce, custody, child support, property division, and spousal support. The court found a final 2001 home-settlement agreement, adjusted it for mutual mistake, and made support orders.
The court found that there was a sufficient change in circumstances for both parties: the payor's ability to pay decreased materially due to loss of disability benefits and increased debt, and the payee's need persists despite some increased public benefits; balancing payee need with payor ability and the prior property division, the court declined to terminate support but ordered a substantial reduction of spousal support from $1,000 to $350 per month effective December 1, 2002.
Source excerpt
La Corte de ApelaciĂłn desestimĂł la apelaciĂłn contra una orden de manutenciĂłn conyugal, al sostener que la jueza de instancia actuĂł dentro de su discreciĂłn.
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