Adriana Doyle

On a motion to change, the respondent sought to vary an existing child support order in a shared parenting arrangement based on the recipient parent's repartnering, alleged underemployment, and the payor's new family obligations.

The court found a material change of circumstances, concluded the recipient parent remained intentionally underemployed, and imputed income of $36,000 under s. 19(a) of the Ontario Child Support Guidelines.

Applying the shared custody analysis under s. 9 and considering the parties' means, needs, and household circumstances, the court reduced support from the prior set-off amount to $347 per month.

Applying the retroactive support framework, the court ordered the variation effective October 1, 2013 and allowed repayment of the resulting overpayment over three years to minimize hardship.

On a family law motion to change, the court varied an earlier parenting and child support order after one child began residing full-time with the father and the parties experienced ongoing conflict over scheduling and special expenses.

The court endorsed consent terms on several issues, adjusted long-weekend exchanges and summer parenting time based on the children’s best interests, and replaced the prior section 7 expense-sharing mechanism with a simpler equal-contribution regime.

Claims for historical arrears of special or extraordinary expenses and for reimbursement of an alleged overpayment were rejected because the evidentiary record did not establish prior consent or entitlement.

The applicant father brought a motion to change a 2007 child support order, seeking to reduce his monthly payments and rescind accumulated arrears of approximately $20,000.

The court found a material change in circumstances due to the applicant's worsening financial situation and tax debts.

The court imputed an income of $21,000 based on minimum wage, reducing ongoing child support to $320 per month.

The court also retroactively reduced the arrears by $6,720 for the past two years, fixing the remaining arrears at $13,272.43 to be paid at $85 per month.

The applicant mother brought a motion for child support and section 7 expenses for the parties' three children.

The respondent father brought a cross-motion for spousal support and a contribution from the eldest child towards her post-secondary education.

The court ordered the respondent to pay the Table amount of child support retroactively, along with a proportionate share of section 7 expenses including post-secondary costs, summer camp, and vehicle expenses.

The court also found the respondent entitled to spousal support based on the length of the marriage and his need, ordering the applicant to pay $500 per month.