The applicant brought a motion for summary judgment seeking retroactive and ongoing child support and s. 7 expenses following separation.
The respondent argued that the parenting arrangement met the 40 percent threshold for shared custody under s. 9 of the Federal Child Support Guidelines and that support should be set-off.
The court held there was no genuine issue regarding retroactive support prior to June 5, 2015 and fixed arrears based on the respondent’s income, rejecting attempts to offset household expenses or costs against support obligations.
However, the court found that whether the 40 percent threshold would apply going forward and whether claimed s. 7 expenses were reasonable required a trial.
The balance of the summary judgment motions was dismissed.
