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The court held that the Family Law Act governed the relocation dispute, found the claimant’s notice sufficient, and dismissed the respondent’s application to stop the move.
Court interpreted a separation agreement to recalculate child and spousal support by income changes, found no shared parenting before September 2017, and set arrears at CAD 50,382.
The court found the separation agreement to be general and not immune from variation; Mr. M established a material change in circumstances due to a sustained reduction in income. The court adjourned determination of child support for the adult daughter pending evidence of her condition, means and needs. The court varied spousal support to $1,400 per month for 2017 and $2,300 per month commencing January 1, 2018, with arrears to be adjusted accordingly.
Source excerpt
The court changed the children’s parenting schedule to alternating weekends with the father, upheld the separation agreement on property and spousal support, and awarded retroactive child support arrears.
Trial reasons were deficient but on the record the Court of Appeal attributed an annual income of $250,000 to the appellant and $45,000 to the respondent, applied the Child Support Guidelines to award child support of $4,071 per month and applied the Spousal Support Advisory Guidelines to award spousal support at the high end of the range of $4,597 per month, made awards retroactive to July 1, 2008, ordered proportional sharing of s.7 expenses, required annual income disclosure, and denied leave to appeal costs; appeal allowed in part and trial order varied accordingly.
Source excerpt
The appeal is dismissed because the trial judge's spousal support award was within an appropriate range taking account of the guidelines and the parties' settlement, and the child support and s.7 expense orders conformed to the parties' separation agreement and applicable guidelines; the husband's subsequent bankruptcy and its impact on costs and assumed responsibilities reinforced that interference was unwarranted.
Source excerpt
Court upheld the separation agreement, rejected termination of spousal support, imputed income for child support, and allocated special expenses.
The court adjourned an interim parenting application to trial and left a 2006 separation agreement governing access, finding no sufficient basis to disturb the status quo.
Application to vary child maintenance granted in part. The court fixed the father’s guideline income at $101,700, adjusted support retroactively to January 2007, and set an allowance for extraordinary expenses.
Court granted a divorce, ordered child and spousal support, and divided pension and RRSP interests after finding one prior agreement was abandoned and another did not bar support.
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