Eva Chan

The mother brought a motion to change child support and custody.

The court found a material change in circumstances due to the father's effective abandonment of the son and his departure from Canada shortly after a consent order.

The father's income was imputed at $50,000 per year, as his pursuit of a veterinary degree at age 54 was deemed an unreasonable educational need that did not justify his intentional under-employment.

Retroactive child support and section 7 expenses were ordered for both children, dating back to January 1, 2016.

The father's claim for previously stayed retroactive support was dismissed.

Following a three-day trial on child support, spousal support, and income imputation, the mother was successful on all issues.

The father was ordered to pay child support of $4,476 per month based on an imputed income of $175,000 (rather than his claimed $40,000), and spousal support of $1,240 per month.

The mother subsequently sought costs of $36,477.29.

The court awarded costs of $31,425.04, applying a 25% reduction to pre-trial preparation hours due to the mother's counsel failing to segregate hours before and after the offer to settle date, but otherwise awarding full recovery of costs from the offer date forward pursuant to the presumption in Family Law Rule 18(14).

A trial decision on child support and spousal support following the separation of two spouses who were married for approximately 22 years.

The primary issue was the determination of the respondent father's income for support purposes.

The mother sought an imputation of $175,000 annually, while the father claimed his income should be imputed at $30,000.

The court found the father's evidence severely lacking in credibility due to numerous inconsistencies, undisclosed assets, questionable expense deductions, and non-compliance with disclosure orders.

The court imputed income to the father at $130,000 and ordered child support of $4,431 per month (comprising $3,647 table amount plus $784 for section 7 expenses) and spousal support of $1,240 per month for an indefinite duration, subject to review after five years.

The mother was found entitled to support on both compensatory and needs-based grounds, given her significant childcare responsibilities, hearing loss disability, and diminished earning capacity.