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The Court of Appeal allowed the mother’s appeal, setting aside a variation that reduced child support. It held the chambers judge misapplied the Guidelines and the daughter’s age was irrelevant to the father’s obligation.
Family law chambers decision varying interim child support on a split-custody basis, imputing income to both parents, and refusing to apportion child benefits.
The court varied child support after an older child began living with the father, applied split custody under the Guidelines, and dismissed the request to reduce spousal support.
The court ordered limited interest on delayed settlement funds and fixed child support in a hybrid custody case, choosing a practical approach under the Guidelines.
The court recalculated child support on agreed incomes, used a split-custody approach, allocated section 7 expenses proportionately, and dismissed the plaintiff's broader requests.
Ms. Forrest did not satisfy any of the enumerated s.10(2) criteria so undue hardship relief under s.10 was not available; however, exercising the court's powers under Divorce Act s.15.1(4) in the children's best interests, the court ordered a modified payment scheme (actual payment of $100/month retroactive to Oct 1, 2005, with the remaining $145/month accumulated as a trust/debt payable when finances improve or primary residence changes, subject to review and offset if Mr. Forrest becomes liable to pay).
Source excerpt
The Court of Appeal set aside a child support variation order and remitted the matter for a further hearing to apply the Guidelines on mixed custody arrangements.
The court ordered interim child support and spousal support after finding the defendant had the means to contribute and that the adult child remained a child of the marriage if he resumed training.
In a divorce and custody dispute, the court ordered split custody of four daughters, with the older two living with the father and the younger two with the mother.
Supplementary reasons on child support, spousal support, costs, and sale proceeds in a family law dispute; the court vacated one child support order and varied spousal support.
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