The applicant mother brought a motion to change a final order to increase spousal support and continue child support for the parties' 23-year-old daughter.
The respondent father had taken early retirement, receiving a large pension payout, and subsequently returned to work as a consultant.
The court found that the daughter was no longer a 'child of the marriage' as her online continuing education courses did not constitute a reasonable educational plan, terminating child support.
The court found the father's early retirement constituted a material change in circumstances.
Applying the rule against double-dipping, the court determined the unequalized portion of the father's pension to be considered for support.
The court declined to strictly apply the Spousal Support Advisory Guidelines due to the mother's unreasonable post-separation financial decisions, and ordered the father to pay increased spousal support of $5,000 per month.
