The applicant brought a motion to change a consent order requiring payment of spousal support and arrears following a lengthy marriage.
He sought termination of ongoing support and elimination of arrears based on reduced income after retirement, alleged medical limitations affecting his ability to work overtime, financial hardship due to a new family, and alleged rental income earned by the respondent.
The court held that under s. 17 of the Divorce Act a material change in circumstances must be proven that was not contemplated at the time of the original order.
The alleged medical conditions, family circumstances, and retirement were either known or contemplated when the consent order was made, and the evidence of change was weak and largely unsupported.
The court also found the respondent’s alleged rental income did not constitute a material change.
The motion to terminate arrears and ongoing spousal support was dismissed.
