Bruno Sharpe

The applicant brought a motion to enforce interim without prejudice Minutes of Settlement requiring the respondent to pay spousal support of $1,697 per month.

The respondent had previously obtained a reduction to $776 per month on an interim basis due to a material change in circumstances arising from mental health issues and reduced working hours.

The court found sufficient medical evidence of a material change in circumstances, including a recent knee replacement surgery, to justify not enforcing the original settlement amount at this stage.

The motion was dismissed, and the reduced support order was continued pending further medical disclosure and a case conference.

On an interim family motion, the applicant sought retroactive and increased ongoing spousal support, and a determination of whether child support for an adult child had ended.

The court held that conflicting affidavit evidence and unresolved income issues made retroactive relief inappropriate on an interim record, particularly where the applicant was effectively seeking final relief before trial.

The court found prima facie entitlement to spousal support, but maintained the status quo at the amount fixed in the parties' addendum because there was no demonstrated financial hardship or urgency.

Child support was terminated as of December 31, 2020 based on the respondent's admission, with any earlier termination date left for trial.

Following a motion regarding custody, access, and child support, the respondent father sought costs.

The applicant mother argued that success was divided and no costs should be payable.

The court found that the father was substantially successful on the access and child support issues, while the mother was only successful on the minor issue of shared transportation.

Applying the factors under Rule 24 of the Family Law Rules, the court rejected the mother's argument of divided success and awarded costs to the father on a partial indemnity basis in the amount of $1,405.76.