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The court dismissed an application to vary interim child and spousal support, cancel arrears, and stay enforcement, finding no sufficient basis to intervene before trial.
The court denied an application to appoint the father’s fiancée as an additional guardian and kept the mother’s parenting time in Nanaimo at the existing JCC schedule.
Court held s. 216 governs variation of interim parenting orders; no material change justified overnights or out-of-province travel, but Skype times were varied.
The court dismissed a request to vary spousal support and cancel child support, finding no material change in circumstances and that Tyrel remained a child of the marriage.
Child support variation granted in part after a material change in custody and income. The court reduced support for one child, abrogated part of the arrears, and cancelled FMEP fees and interest.
The court refused to vary a consent custody order to joint custody or long-distance alternating residence, but granted limited expanded access and Skype contact.
The court found a material change in circumstances and temporarily reduced spousal support, but declined retroactive credit or full suspension.
The court refused to vary or extend time-limited spousal support under a 2005 consent order, but increased child support to $983 per month retroactive to July 1, 2009.
The court dismissed a defendant’s application to cancel or reduce child support arrears, finding he failed to meet the heavy burden for arrears relief.
The court reduced child support arrears after finding the original order was made without accurate income information and imputing income for later years.
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