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The court found a material change in circumstances and varied spousal support from $4,500 monthly to $2,250 for six months, then terminated it.
Judge found a material change (husband's military posting out of province not contemplated by the 2007 consent order), conducted a best interests analysis and held that continuation of the shared custody arrangement in Nova Scotia was in the children's best interests; accordingly the mother was not permitted to remove the children to Ottawa, and if she nevertheless moved the children would remain in the day-to-day care of the father with specified block access to the mother and the mother responsible for travel costs with no child support payable at present.
Source excerpt
Court found material changes in circumstances (payor's change of employment and income, respondent's increased earnings from her business, and the child's post-secondary status and costs) justified varying the Corollary Relief Judgment: child support reduced to the Guidelines table amount of $968/month effective September 1, 2009 through July 1, 2011 conditioned on full-time studies and notice if studies cease; spousal support reduced to $1,600/month Sept 1, 2009–Feb 1, 2010, then $800/month Mar 1, 2010–Aug 1, 2010, after which spousal support terminates absolutely.
Source excerpt
The court found a material change in circumstances (the unworkable clause requiring mutual agreement on childcare, resulting animosity affecting the child, and changes in parental incomes) and held that the child's best interests require maintaining joint custody with primary residence to the mother, specific decision-making authority to the mother for education, childcare, extracurriculars and non-emergency medical care, a defined access schedule for the father, child support fixed at the table amount based on the father's 2006 income and s.7 childcare expenses shared 69% father/31% mother;…
Source excerpt
On a variation application under s. 17 of the Divorce Act, the court found a material change in circumstances but declined to end spousal support, reducing it to $1,200 per month.
The Court of Appeal dismissed an appeal seeking increased spousal support, holding the appellant had not shown the material change required by s. 17 of the Divorce Act.
The court refused to change custody or recognize an alleged oral support agreement, set guideline child support at $534 monthly, and allowed limited s. 7 expenses.
The Supreme Court of Canada held that pension income could count as means for spousal support where the pension had not been truly divided as future property, and upheld a reduction in maintenance.
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