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The court considered VAC disability benefits, pension income, and double recovery in a support review, awarding reduced spousal and retroactive child support.
The court found a change in circumstances and reduced, but did not end, George Bell’s spousal support obligation. Support was set at $625 per month.
Given the applicant's sustained decrease in income, age, health and inability to continue the demanding sea work that generated prior income, combined with the history of substantial payments (including garnisheed amounts) and administrative delays in interprovincial enforcement, the court found a material change in circumstances warranting immediate termination of ongoing spousal support; the court also found no arrears remain as of the decision date.
Source excerpt
The court granted interim spousal support of $700 per month, finding the wife’s need and the husband’s present ability to pay on the interim record.
On an interim spousal support application, the court awarded $1,100 per month after assessing the parties’ needs, means, tax treatment of income, and a 29-year marriage.
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