The applicant sought retroactive child and spousal support, challenging a 2002 separation agreement that terminated spousal support when the youngest child turned 18.
The court applied the Miglin framework, finding the termination clause failed to meet the objectives of the Divorce Act given the 20-year traditional marriage.
Ongoing spousal support was ordered at $1,000 per month.
Applying the D.B.S. framework for retroactive child support, the court imputed income to the applicant and calculated a net overpayment by the respondent of $10,802.
Retroactive spousal support was fixed at $13,900, resulting in a net payment of $3,102 to the applicant.
