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The court dismissed a support variation application, finding no reliable evidence of a past material change or long-term inability to pay arrears.
Because the payor failed to disclose materially higher income in 2016–2017 and his evidence of disability and inability to work was not credible, the court found blameworthy conduct justifying a retroactive increase under the D.B.S. factors and imputed income for prospective support at the payor’s demonstrable earning capacity ($21,177), ordering specified retroactive monthly amounts and prospective support of $300/month from Jan 1, 2019, enforceable through the Maintenance Enforcement Program.
Source excerpt
The court terminated spousal support as of December 1, 2020 after finding a material change in circumstances, but declined to reduce the monthly amount before then.
The court reconsidered supplementary reasons on retroactive child support, but declined to change the order because pre-2007 income and blameworthy conduct were not proved.
The court held Todd remained a child of the marriage until January 30, 2014, but Scott was no longer a child of the marriage. Child support was varied and arrears ordered.
Court found material changes in circumstances for the middle and youngest children; oldest child was not a 'child of the marriage' so court lacked jurisdiction to order payment under the Divorce Act for amounts in the Minutes of Settlement; middle child was a child of the marriage and father was ordered to contribute proportionally to post‑secondary expenses and to pay table support of $1,058/month (with transitional payments specified) and one half of the middle child's student line of credit; father owed arrears/retroactive support for the youngest child totaling $2,946 and must pay $200/mo…
Source excerpt
Severance payments are income for CMG purposes and must be included in Line 150 unless the court, in the exercise of discretion under s.17, fairly spreads the non-recurring amount; applying s.17 to spread the applicant's severance over the 15 months it represented does not reduce his overall obligations such that a downward variation (retroactive or prospective) is warranted; the parties' written agreement on current support is respected; therefore the applicant's variation applications are dismissed.
Source excerpt
The court exercised its discretion to recalculate and reduce assessed arrears based on departures of children from the recipient's care, income changes, credits from garnishments, and equitable hardship considerations; it forgave the recorded opening balance and fixed the payable arrears at $7,731.45 with a payment schedule of $200 per month, and terminated ongoing spousal support effective November 2009.
Source excerpt
The court partly granted a child-support arrears application, retroactively varying support, reducing arrears, fixing interest, and cancelling default fees.
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