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The Court of Appeal dismissed a husband’s appeal seeking retroactive spousal support variation, cancellation of arrears, and relief from enforcement orders.
Summary trial in a family law dispute over property, pensions, child support and spousal support. The court found the matter suitable for summary disposition and made limited support and property orders.
Father’s bid to reduce child support was dismissed. The court kept his Guideline income at $110,000 and ordered security for future support from sale proceeds.
The court vacated a child-support security provision after the payor died before the order was entered, holding the maintenance obligation was personal and not estate-binding.
The court varied spousal support upward, ordered a retroactive lump sum, and directed sale and equal division of property with a credit for mortgage principal reduction.
The court held the adult sons were no longer children of the marriage, terminated child support prospectively, rescinded security, and dismissed the defendant’s application.
Judge concluded CPP disability is earned income and not excluded by s.30; set respondent's income for Guideline purposes at an average of $69,500; apportioned extraordinary expenses 70% to respondent and 30% to applicant given income disparity; required the oldest child to contribute to her post-secondary costs and limited tutoring exposure with a shared first $575; ordered interim child support and set quantum of interim spousal support at $500 per month because respondent's capacity to pay was limited after child support and extraordinary expense obligations.
Source excerpt
La Cour ordonne la production de renseignements financiers, autorise un paiement d’impôt de 71 000 $ depuis la fiducie et maintient le solde en attente des questions de soutien.
The court released trust funds from the sale of property to the husband, on condition that the wife could register a charge against his half interest in Merritt property as security for maintenance.
Court varied family-property and support orders, equalized RRSP tax burden, included sold insurance and share proceeds as family assets, and maintained spousal support until retirement.
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