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The court imputed $46,000 income to the claimant from April 1, 2024, varied the parenting schedule to increase the respondent’s time, granted divorce, and ordered each party to bear own costs.
The court varied child support, fixed the parties’ Guidelines incomes, granted limited retroactive relief, and refused to use RESP funds as a substitute for ongoing support.
The court fixed the relationship start and separation dates, upheld excluded property claims, set support income at $120,000, and awarded retroactive spousal support.
The Court upheld the trial judge's credibility findings and discretionary imputation of income to the appellant based on inconsistent evidence and under-the-table payments; accordingly the imputed incomes, the support calculations and the costs award were reasonable and entitled to deference, subject only to two minor arithmetic corrections and an increase to the equalization payment as conceded by the respondent.
Source excerpt
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.
The court varied child and spousal support after finding a material change in circumstances, reducing the respondent’s imputed income and allowing retroactive adjustment.
The court awarded spousal support of $3,100 per month, rejected retroactive support to August 2013, and set a review in two years.
The court refused to terminate spousal support, set monthly maintenance at $2,159, ordered child support based on the plaintiff’s support income, and made property and disclosure orders.
The court held the parties were bound by their Minutes of Settlement, so the plaintiff could not bring original child and spousal support motions and the defendant could not unilaterally vary payments.
On review of spousal support after the husband’s retirement at 65, the court held retirement was reasonable and reduced support from $1,800 to $350 per month.
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