Karen King

Following the death of the children's mother, both the biological father and the stepfather brought motions seeking primary care of the four children.

The court found that the mother's death constituted a material change in circumstances but determined it was in the children's best interests to remain in the primary care of their stepfather, who provided stability and support alongside the maternal grandparents.

The biological father's request for primary care was dismissed, but his parenting time was increased.

The moving party sought to terminate or reduce his spousal support obligations, arguing that the responding party had achieved economic self-sufficiency due to an increase in her employment income.

The court found that the responding party's increased income constituted a material change in circumstances.

However, considering the compensatory nature of the original support order and the economic hardship the responding party suffered from the marriage breakdown, the court declined to terminate support.

Instead, the court reduced the monthly spousal support amount retroactively and prospectively based on the parties' updated incomes.