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The court awarded the applicant $10,000 in costs despite marginal success due to the respondent's unreasonable conduct and failure to disclose income.
This decision addresses costs following a trial concerning child support.
The Applicant (Mother) sought full recovery costs of $24,882.29, while the Respondent (Father) argued each party should bear their own costs.
The court found the Applicant had marginal success on the substantive child support issues but awarded her $10,000 in costs due to the Respondent's unreasonable behaviour, including failure to provide disclosure and obfuscation of income.
The award was deemed proportionate to the issues and outcome, and enforceable as an incident of child support.
Retroactive child support ordered from November 2016 based on father's increased income and special expenses.
The applicant mother brought a motion to change seeking retroactive child support and contribution to special and extraordinary expenses for two children.
The respondent father, who was self-employed, had failed to provide timely financial disclosure and his income had significantly increased in recent years.
The court found no blameworthy conduct to justify a retroactive variation prior to November 2016, but imputed the father's income for 2016 onwards.
The court ordered the father to pay retroactive table support, ongoing table support for one child, and his proportionate share of special and extraordinary expenses, including clothing for a child with special needs residing in a treatment centre.
