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The court refused a stay of ongoing child and spousal support pending appeal, stayed the retroactive lump-sum support payment, reduced the family home list price, and ordered no costs.
Family law trial addressing parenting, property division, support, and conduct orders. The court ordered shared parenting, property equalization, support, and a divorce.
The court adjourned the support application but made a without-prejudice bridge order requiring the respondent to pay $18,000 monthly pending the main hearing.
Appeal from an interim spousal support order dismissed. The Court held the appellant did not prove what portion of his bank carrying charges should be excluded from income.
The court added proposed respondents to a family case, imputed the respondent’s income at $135,000, and ordered interim child and spousal support.
The court declared the respondent in breach of an interim support order, fixed arrears at $123,795, ordered payment within 30 days, and awarded special costs.
The appeal is dismissed because the trial judge correctly applied s.39.4 CLRA, properly placed the burden on the appellant under s.39.4(6) after finding the children spent the vast majority of time with the respondent, and reasonably imputed income to the appellant based on his disclosure failures; there were no palpable and overriding factual errors or legal errors.
Source excerpt
Family law trial on property division, support, and disclosure. The court ordered an unequal division of assets, retroactive child support, a disclosure fine, and Scale B costs.
Because the motion judge's reasons demonstrate a detailed analysis of law and facts without material error or misapprehension and his factual findings were supported by the record, the appellate court must defer and dismiss the appeal; costs awarded to respondent.
Source excerpt
The Court of Appeal partly allowed an appeal about support, requiring partial add-backs of corporate expenses to income and limiting review triggers tied to age 65.
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