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The successful respondent on a motion to change child support was awarded partial recovery costs, reduced for proportionality and financial hardship.
The court rendered a decision on costs following a motion to change child support.
The respondent had brought the motion to vary child support, and was largely successful.
The applicant had refused to pay child support for children in the respondent's care and continued to collect support from the respondent, despite the children no longer living with her.
Both parties engaged in unreasonable behaviour during the litigation, including uncooperative settlement efforts.
The court found the respondent was the successful party and was entitled to partial recovery costs.
The court considered the proportionality of the costs claimed and the applicant's financial circumstances, reducing the awarded amount.
The court declined to enforce the costs award as support due to the respondent's past failure to pay costs on a timely basis.
Mother ordered to pay retroactive and ongoing child support despite father's alleged alienating conduct.
The Applicant, M.M.B., and Respondent, C.M.V., were involved in a motion to change child support and address parenting issues for their three children.
The Respondent sought a reduction in child support payments and repayment of overpaid support due to a change in the children's primary residence to his care.
The Applicant, self-represented, argued against the change, citing the Respondent's alleged bad faith conduct and her financial hardship.
The court found a material change in circumstances, determined that parental conduct was irrelevant to child support obligations, and ordered the Applicant to pay significant retroactive child support and ongoing monthly support to the Respondent, as the children were primarily residing with him.
The court also clarified s. 7 expenses and set a review date for future child support.
