2 total
The court dismissed the Director's request to incarcerate a support payor whose severe depression constituted a valid reason for non-payment.
A default hearing brought by the Director, Family Responsibility Office against a support payor for arrears of child and spousal support totalling $68,335.56.
The payor had been in default since December 2008 following job loss and subsequent development of severe clinical depression and anxiety disorder.
The Director sought an order for incarceration.
The court found that the payor had discharged his burden of proof by demonstrating he was unable, for valid reasons, to pay the arrears or make subsequent payments.
The court dismissed the incarceration remedy and instead imposed reporting and disclosure obligations, including annual submission of tax returns, financial statements, and medical reports regarding the payor's employability.
Support variation denied; moving party failed to prove material change or inability to work.
The moving party sought to vary a prior order requiring payment of child and spousal support, arguing a material change in circumstances due to loss of employment, reduced income, depression, and loss of a driver’s licence.
The court held that the moving party failed to establish a significant and sustained change in circumstances or demonstrate that his reduced income reflected his true earning capacity.
The medical evidence relied upon was inadequate to establish unemployability and did not meet the standards for expert opinion evidence.
The court maintained the previously imputed income under s. 19(1) of the Child Support Guidelines and declined to vary the support order or cancel arrears.
The motion to vary was dismissed, while the Ministry’s assignment of support arrears relating to social assistance payments was confirmed.
