The respondent father brought a motion to change a child support order made by Justice Penny Jones on January 10, 2012, which imputed income of $200,000 and ordered monthly child support of $2,572 plus retroactive arrears of $54,000.
The father claimed changed circumstances including bankruptcy, ill health, decreased advertising income, loss of driver's license, and separation from his former spouse.
The court found the father had deliberately failed to comply with disclosure orders and had been intentionally underemployed.
While accepting that changed circumstances existed, the court declined to vary the order retroactively to the original date.
Instead, the court imputed income of $100,000 per year (except 2013 where actual adjusted income was $107,991.43) based on the father's skills, experience, and failure to maximize earnings.
Arrears were fixed at $148,497.93 with payment suspended for one year, then payable at $1,900 per month commencing May 1, 2019.
Ongoing child support was set at $1,471 per month effective May 1, 2018.
