Jennifer M. (Wood) Reynolds

Following a family law motion addressing several issues including whether retirement constituted a material change in circumstances for child support, retroactive special expenses, income imputation, and continuation of support for a child attending school, the court considered the issue of costs.

The husband was successful on some issues, including the change of circumstances and retroactive special expenses, while the wife succeeded on income imputation and continuation of support for a child in school.

The court found that success was substantially divided between the parties.

In light of the mixed results and the timing of settlement offers, the court ordered that each party bear their own costs.

The respondent father brought a motion to vary a prior child support order following his retirement and the eldest child reaching the age of majority.

The court found a material change in circumstances due to the father’s reduced income but concluded that his retirement was voluntary and unsupported by sufficient medical evidence.

As a result, the court imputed income above the father’s pension income when recalculating support.

The court also addressed whether support should continue for the adult child during a transitional period before potential post-secondary education and declined to award historical special expenses due to insufficient evidence.

The support order was varied effective January 1, 2013 based on the imputed income.