The court considered an application by Wioleta Kosewski to set aside or vary a separation agreement with Mariusz Kosewski, particularly as it pertained to child support and spousal support.
The court found that the child support provisions were unreasonable due to lack of income disclosure and adjustment, and set aside those provisions, ordering new support based on expert evidence of the respondent’s income.
The spousal support waiver was not set aside, as the applicant did not meet the evidentiary threshold for duress or lack of understanding.
The court also addressed section 7 expenses, medical and dental expenses, outstanding costs orders, and the allocation of expert fees.