Katelyn Bell

The applicant brought a motion for a temporary order to increase child support, share post-secondary expenses, and pay arrears, pending the hearing of her Motion to Change a 2012 consent final order.

The court held that the stringent test for temporarily varying a final parenting order also applies to final support orders, requiring compelling and exceptional circumstances.

Finding no such circumstances, the court dismissed the contested portions of the motion and only granted temporary relief on terms consented to by the respondent.

The respondent husband brought a motion to change his child and spousal support obligations following a 2018 trial decision.

The court found a material change in circumstances due to the children entering and exiting post-secondary studies in the United States.

The court determined the appropriate section 7 expenses, calculated the respondent's income using a pre-tax corporate income approach, and continued to impute $50,000 in income to the applicant.

The court declined to adjust the spousal support payable to account for the fact that the applicant, having relocated to the United States, no longer paid tax on spousal support, finding the respondent was no worse off and the applicant remained entitled to high-end support.