Fitzpatrick

The payor father brought a motion to change a 2004 order, seeking to terminate his spousal and child support obligations after voluntarily leaving his employment to start his own business.

The court treated the matter as a trial at first instance.

Finding that the payor was intentionally under-employed, the court imputed his income at $80,000 based on his previous earnings.

The court ordered the payor to continue paying child support for the remaining eligible child and ongoing spousal support of $750 monthly, while dismissing historical claims for section 7 expenses.

The applicant sought child support, including section 7 expenses, for two special needs children.

One child resided full-time in a group home, while the other resided with the applicant.

The court found that the parties' 2006 Separation Agreement contained 'special provisions' that benefited the children, allowing a deviation from the Child Support Guidelines.

The respondent was ordered to pay $600 monthly and 50% of section 7 expenses as per the agreement.

The court declined to order contribution for stem cell treatments outside Canada, finding them medically unsupported and financially unreasonable for the parties.

The respondent's claim for property sale proceeds was dismissed as statute-barred.