The respondent father sought to vary a 2006 child support order that imputed income to him at $88,000 per annum.
The father claimed changed circumstances: (1) he became a salaried employee at Mercedes-Benz earning $32,583.80 in 2012; (2) he suffered a workplace accident in March 2013 resulting in post-concussion syndrome and CPP disability benefits; and (3) the eldest child graduated from university and was no longer eligible for support.
The applicant mother opposed the motion, arguing the issues were res judicata and that the father was hiding income and leading a lavish lifestyle.
The court found a change in circumstances and varied the child support retroactively to July 1, 2013, imputing income at $30,000 per annum.
The court rejected the mother's retroactive claim for the eldest child's post-secondary expenses as barred by the DBS rule.
The father's obligation to contribute to the younger child's post-secondary expenses was left to be determined by the parties.
