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The court awarded retroactive and ongoing child support, rejecting undue hardship and setting support based on imputed 2020 income of $70,000.
The applications judge erred in principle by failing to apply the Family Law Act, the Child Support Guidelines s.10 and the D.B.S. factors when ordering retroactive support; a proper application of those principles shows the consent August 2009 order, the father’s compliance with it, the comparable magnitude of access costs and the lack of sufficiently pronounced income change do not justify a retroactive variation, so the December 17, 2012 retroactive award must be set aside and the appeal allowed.
Source excerpt
The court ordered retroactive child support from February 1, 2013, rejected an undue hardship reduction, and allowed a deduction for locked-in RRSP employer contributions.
The court varied child support prospectively, rejected undue hardship and arrears cancellation, and refused retroactive relief for earlier years.
Section 20 requires conversion of foreign income into Canadian dollars without an automatic adjustment for higher foreign cost of living; any reduction must be made only by applying the exceptional provisions of the Guidelines (s.4(b) for amounts over $150,000 or s.10 undue hardship); the application judge did not err in refusing a cost-of-living adjustment and did not err in her discretionary assessment of retroactivity, so the appeal is dismissed and the cross-appeal decision is reserved pending Supreme Court guidance.
Source excerpt
The court dismissed a family-law appeal, upholding access, child-support income calculations, denial of undue hardship, and refusal to retroactively vary arrears.
The court granted divorce, sole custody to the plaintiff, and child support based on a fixed Guideline income of $60,000. Hardship, arrears reduction, and a disclosure penalty were denied.
The court dismissed a father's applications to reduce child support and cancel $41,000 in arrears, and granted wage-attachment enforcement for the mother.
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