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The court admitted a late affidavit, refused to reopen Guideline income, held child support arrears bore interest, and dismissed the request for the child’s affidavit.
The court found on the facts that Charm TRC (one-third Charm NFLD shares) and TROD are business assets under the Matrimonial Property Act because Troy purchased premaritally, exercised entrepreneurial risk and management, did not divert marital funds to impoverish matrimonial assets, and TROD was being actively developed for profit; life insurance premiums paid by TROD were added back to calculate Troy's guideline income; the appropriate guideline income was the most recent year figure of $680,000 (used for support calculations); Debra's imputed income was set at $35,000; child support was fi…
Source excerpt
Appeal partly allowed in a child support dispute. The court held the respondent’s income should be assessed under s. 18 of the Guidelines using pre-tax corporate earnings.
On family-law issues, the court found the father met the 40% access threshold under s. 9 of the Guidelines and set child support at $716 per month.
The court continued a suspension of spousal support, declined to cancel arrears, and recalculated child support using the payer’s 1999 income under the Guidelines.
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