The responding spouse brought a motion to vary long-standing support orders made following divorce.
The court considered whether the spousal support order, which was based on an "expected" income and set for a fixed duration, could be varied due to subsequent fluctuations in the payor’s income.
It held that the parties had intentionally fixed the spousal support amount for a defined period despite known income volatility, and variation was not warranted.
Child support, however, was reconsidered.
The court terminated child support when the child ceased to be a child of the marriage and later ordered support during post-secondary studies based on an imputed income.
