Gill D Rumstein

A costs decision following a family law trial concerning custody, access, and child support.

The applicant was substantially successful on most issues, winning on seven key matters including shared parenting transition day, texting provisions, travel notice requirements, child support calculation methodology, and dance cost contributions.

The respondent succeeded only on the child support arrears quantum issue.

The court found the matter should have been resolved by motion rather than full trial, as all issues had been resolved until the respondent's counsel took control in fall 2014.

The applicant made a reasonable settlement offer that the respondent rejected on a vindictive basis.

The court awarded costs to the applicant on a party-to-party basis pre-trial and on a full recovery basis for trial costs.

A motion to change a final family order from April 22, 2010 concerning joint custody, access, and child support for two children.

The applicant sought to maintain a Monday-to-Monday custody exchange schedule agreed upon in September 2014, reduce child support based on a material change in income due to job changes and physical disability, and adjust extraordinary expenses.

The respondent sought to revert to a Wednesday-to-Wednesday exchange and average the applicant's income over three years including an inheritance.

The court found a material change in circumstances, maintained the Monday-to-Monday exchange, reduced ongoing child support to reflect the applicant's lower current income, calculated arrears including the inheritance for 2013 only, and adjusted extraordinary expenses to be proportional to each party's income.