The court found a material change in parenting time from April 2022, varied child support, rejected the daughter's rent as a special expense, and ordered a new counsellor for the son.
The court dismissed retroactive table child support for an adult child, ordered a retroactive reapportionment of post-secondary expenses, and credited the father $1,478.
The court held that Azim Jiwani remained a child of the marriage for Fall 2018, but only under strict Dalhousie conditions, and capped the claimant’s support obligation.
On the facts the adult son remains a "child of the marriage" because his autism renders him unable to withdraw from his mother's charge; table child support is payable through June 2016 only and no ongoing periodic support is ordered thereafter given the child's employment and income; Mr. Cartwright is liable for specified lump-sum s.7 post-secondary expenses ($36,664 through 2018 and $3,850 for 2019 upon confirmation) apportioned as directed and enforcement by Maintenance Enforcement Program (MEP) is ordered.
The court refused to end child support for an adult child, found she remained a child of the marriage, and fixed support and education expense contributions.
Court ordered continued child support and proportionate post-secondary expense sharing for A.M. while she attends university on a full-time or near full-time basis.
Because the March 29, 2012 order made provision of university account statements and filing of income tax returns with transfer of tuition tax credits a condition for payment/reimbursement, the childrens' failure to comply entitled Dr. Gandy to suspend payments and justified refusal to reimburse the respondent for the university expenses she paid on their behalf.
Applying the Guidelines and relevant case law, the Court found Shayna remains a dependent child given her age, education trajectory, financial circumstances and reasonable pursuit of further studies; the Court calculated parental proportions based on estimated 2014 incomes and ordered Troy Canning to pay 72% of Shayna's Section 7 post-secondary expenses and 72% of her net non-discretionary living expenses while in school with specified amounts and payment schedule.
Court ordered that (1) the agreed retroactive underpayment of $6,291 be paid by Respondent; (2) table child support for summer 2009 ($6,024) be paid; (3) Respondent’s contributions to Mark’s university room and board ($10,856) satisfy his s.3 and s.7 obligations for Sep 2008–Apr 2009 so no additional child support is payable for that period; (4) the Emera shares and the education savings account ($5,574.97) are to be treated as Mark’s contribution and deducted from overall s.7 expenses; (5) over the degree parents will proportionately share tuition after deducting the child’s contributions; (…
Source excerpt
Child support guidelines s.3 (majority age)
Child support guidelines s.4 (incomes over $150,000)
Child support guidelines s.7 (special or extraordinary expenses)
Court imputed $12,000 of additional income to Mr. Stewart for 2008–2009 due to underemployment, diversion of income and unreasonable expense deductions, reduced child support to one child effective April 15, 2009 based on imputed income (resulting guideline support $253/month) and limited retroactivity to April 2009 because of the applicant's delay and blameworthy conduct; ordered contribution to post-secondary education of $250/month for eight months effectively offset against child support resulting in no change to the V.C.R.J. prior to April 2009.
Source excerpt
Variation of child support orders
Imputation of income
Special or extraordinary expenses (post-secondary)