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The court dismissed the respondent’s bid to amend prior support orders, set child support for I.R.M., and ordered ongoing spousal support and costs.
Because the ordered s.7 expenses were not incurred and neither child was dependent at trial, a material change was established that supports a retroactive decrease only to the date of effective notice (or formal notice where effective notice was not given); here effective notice was not proved due to the payor's failure to disclose income and refusal to pay the unjust enrichment award, so support was varied prospectively with specified retroactive recalculations and arrears enforced; the court lacks statutory jurisdiction to rescind or vary a prior unjust enrichment/property award, so that aw…
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A material change existed; taxable Northern Benefits and VTA previously received by Mr. Daley but now paid to his spouse were income-diverted and should be imputed (half of the Northern Benefit and half of the grossed-up VTA apportioned to him) and included in his 2023 income; overtime was not imputed because cessation was reasonable; using the resulting 2023 income the Guideline table amount for Nunavut yields $1,539.30/month and Mr. Daley must pay 86% pro rata of specified special/extraordinary expenses while the mother pays 14%.
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The court reduced child support for an adult disabled child to $250 per month from January 1, 2022, but left spousal support unchanged.
The court varied child support, set off earlier overpayments against later underpayments, imputed ongoing income, and kept special expenses shared 50-50.
Court found a material change in circumstances due to substantial income reduction caused by COVID‑19 and declining work availability; declined to impute the high income sought by respondent because evidence supported reduced work availability and the pandemic impact, but found applicant failed to mitigate after June 1, 2020 and therefore granted a limited variation: child support reduced to reflect 2020 estimated income of $51,954.19 effective June 1, 2020 through June 1, 2021, thereafter payments set on imputed income of $85,515.00; specific sharing of child care expenses ordered and employ…
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Variation application granted in part after the court found an unanticipated, continuing material change from the indefinite closure of the Mount Polley mine.
Court granted retroactive variation from July 2014 to May 2017 because the change in custody created an entitlement and the respondent engaged in blameworthy conduct and failed disclosure; respondent's income for July 2014–May 2017 was imputed at $45,000 for child support calculations; suspension of payments was appropriate June 2017–April 2018 due to medical disability, after which ongoing support resumes with imputed annual income of $15,000; retroactive award to be secured by charge against Boston Bar property.
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The court partly varied child support after a material change in circumstances, imputed the payor's income at $20,000, reduced extraordinary expenses, and refused to cancel arrears.
The variation application is dismissed because the applicant failed to prove a material change in circumstances since the Consent Variation Order granted in September 2017; absent such proof the court has no jurisdiction to vary the order.
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