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The court varied a separation agreement, imputed income to the respondent, found shared parenting from April 2020, and ordered retroactive and ongoing child support.
The court held J. remained a child under the Family Law Act, dismissed the father's support and arrears applications, and stayed divorce pending child support issues.
On the balance of probabilities there was a change in circumstances affecting the children; both residences are suitable and proximate to school; the children expressed preference for clearer, less confusing schedules; Mr. L has adequate supports and capacity to increase parenting time; Ms. L’s persistent negative conduct toward Mr. L has harmed co-parenting and risks harming the children; accordingly a shared parenting arrangement on a week on/week off basis best serves the children’s interests, with joint decision-making as specified and child support to be determined later pursuant to s.9…
Source excerpt
Given prolonged, entrenched animosity and repeated inability of the parties to communicate or cooperate, the children’s best interests are served by granting primary residence and custody to the father (Respondent) with final decision‑making authority for health, education and religion while preserving regular contact for the mother under a structured parenting schedule that recognizes the father’s significant family support and the settled status quo; the mother’s applications for primary care and unrestricted medical authority were denied due to credibility concerns and risk of ongoing conf…
Source excerpt
The court set the claimant’s Guideline income at $95,000 for s. 7 expense sharing, ordered a 60/40 split in the respondent’s favour, and enforced life insurance beneficiary terms.
The court held Heather should live with her father, set child support using updated incomes, left spousal support unchanged, and reassessed expense sharing.
The court clarified its earlier family-law reasons, replacing a monthly income-adjustment mechanism with an annual tax-return-based process for child support and special expenses.
Interim family-law decision dismissing the claimant’s request for equal parenting time for daughter S and preserving the status quo pending trial.
The court varied a shared-custody child support agreement, ordered the respondent to pay the full set-off amount, adjusted expense sharing, granted a divorce, and awarded limited retroactive support.
Family-law child support application under s. 9 of the Guidelines. The court found retroactive support was payable and no departure from table amounts was justified.
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