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The court dismissed an application to vary a committeeship order, holding there was no material change in circumstances and that existing mechanisms should be used first.
The court treated the application as a review, imputed the respondent’s income at $55,000, terminated spousal support, and kept child support adjustable on review.
Application to vary interim spousal support dismissed because the asserted changes were foreseeable and did not amount to a material change in circumstances.
Late documents were excluded for prejudice; parenting variations were granted only to the extent they served the childs best interests and where change or necessity applied (amend travel consent to prohibit withholding where conditions met; more limited notice for short North American trips; ordered exchange of key contact information and updates; permitted limited weekly extended family access; established annual Christmas schedule recognizing both parents' traditions). A change in circumstances for child support was established by a large increase in father's income and by imputing income…
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The court found a material change because the father’s refusal to cooperate with registration in the UAE made the registration pre-condition impossible and thus materially affected the mother's ability to meet the child's needs; the registration pre-condition was removed and relocation permission maintained on previous terms, and child support was varied from $142/month to $30/month upon relocation (with $142/month to continue until mother notifies Maintenance Enforcement Program of relocation) based on the father's reduced income and undue hardship from travel and visa costs.
Source excerpt
The parenting variation application was dismissed because the applicant failed to prove a material change as required by Gordon v. Goertz; the retroactive support claim was dismissed because the applicant delayed without explanation and the children had not suffered loss, so retroactive principles from D.B.S. did not justify arrears; the arrangement did not reach shared parenting under s.9 (father had 40.7% but calculation adjustments reduced it below the 40% threshold); due to disclosure failures, dividend income and spending pattern the court imputed annual income of $76,800 to the father p…
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