2 total
Court orders set-off child support for shared parenting and declines to impute income for medical leave.
Following a seven-day family law trial, the court resolved outstanding monetary issues including equalization of net family property and child support.
The court permitted the respondent to pursue an equalization claim despite deficient pleadings, ordering the applicant to pay $474.50.
The court declined to impute additional income to the applicant for intentional under-employment, finding his reduced hours were due to construction industry conditions and bona fide medical leaves.
Given the new equal shared parenting arrangement, the court applied section 9 of the Federal Child Support Guidelines and ordered the applicant to pay a set-off amount of $341 per month in child support, with section 7 expenses apportioned 70/30.
Court sets interim parenting schedule emphasizing stability and reduced parental conflict.
On a motion concerning parenting time for a young child following separation, the court was required to establish an interim access regime pending further proceedings.
Both parents sought differing schedules for the father’s parenting time.
Applying the best interests of the child test under s. 16 of the Divorce Act and considering the principle of maximum contact consistent with the child’s interests, the court structured a detailed schedule including alternate weekend access and midweek evening access for the father.
The court also imposed strict transportation and communication protocols to minimize parental conflict.
Costs were reserved due to mixed success.
