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Interim family-law ruling imputes $200,000 annual income to the respondent, declines to impute income to the claimant, orders private school tuition treated as s. 7 expenses, and grants interim spousal support.
The court ordered interim child and spousal support, imputed income to both parties, and found the respondent had not shown undue hardship.
Respondent knowingly underpaid child support from January 2021 to October 2024 and failed to make required disclosure; past voluntary overpayments cannot be offset against later underpayments in absence of agreement or notice; imputation of income to Petitioner was not warranted; accordingly court awarded retroactive child support and Section 7 contributions for Aug 1, 2021 to Oct 31, 2024, and a lump sum retroactive spousal support award for Jul 2016–Dec 31, 2019, but denied prospective spousal support beyond filing of the Petition.
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The operative order is the 2021 consent order; Ms. McNally proved a material change in circumstances to reduce dependents to one; Mr. Marsh was found intentionally unemployed and income of $73,835 was imputed for 2024; the variation is granted retroactive to February 2022 (not to the 2021 consent order date); older child ceased to be dependent July 1, 2023; Mr. Marsh must pay the full table amount going forward, a retroactive adjustment of $5,048.23 payable at $200/month, and costs of $2,000 to Ms. McNally within 60 days; Mr. Marsh's undue hardship claim and his request to retroactively reduc…
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The court held a March 2018 agreement to cancel child support arrears unenforceable, varied Alberta support arrears using imputed and actual incomes, and denied retroactive s.7 expense claims.
Interim spousal support was awarded after a long marriage, with the respondent’s cash income imputed upward and the claimant’s income averaged for 2024.
Divorce granted; income was imputed to petitioner because she was able to work but chose not to and offered no medical evidence; petitioner was ordered to pay historic child support of $7,403 based on imputed minimum-wage full-time income for the relevant period; respondent was ordered to pay compensatory spousal support (retroactive and prospective) but non-compensatory need-based support was eliminated due to petitioner's long-term cohabitation where her partner covers her living expenses; pension accrued to separation is to be equalized; Kennetcook inherited property is classified 20% matr…
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The court awarded the claimant ordinary costs and double costs for specified steps after two settlement offers, but refused to summarily assess costs or treat a costs offer as triggering double costs.
The court ordered retroactive and ongoing child support, security, life insurance, and a disclosure penalty after finding years of blameworthy non-disclosure.
The court found two February 2020 separation agreements were not binding, then ordered retroactive child and spousal support, property and debt offsets, and terms for CCB overpayments.
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