Valerie Brown

The parties separated after a long relationship.

The main issues involved the ownership and equalization of a property at 335 Penn Avenue, which the respondent purchased with inherited funds but later transferred into joint tenancy.

The court found that the respondent rebutted the presumption of joint ownership and held the property by way of a resulting trust.

However, because the property was a matrimonial home on the date of separation, its value was included in the equalization calculation.

The court ordered the applicant to pay occupation rent for his post-separation use of the home and to contribute to their child's post-secondary education expenses.

After setting off these amounts against the equalization payment, the respondent was ordered to pay the applicant $63,696.

The respondent father brought a motion to change seeking termination of child support for an adult child, adjustment of child support for the remaining child, retroactive recalculation of section 7 child care expenses, and termination or reduction of spousal support.

The court found a material change in circumstances based on the parties’ income changes and the eldest child ceasing to be dependent.

Spousal support was not terminated due to the length of the marriage and the continuing caregiving responsibilities of the recipient, but the court found that under the Spousal Support Advisory Guidelines the appropriate amount would be mid‑range support resulting in little or no ongoing entitlement.

Child support for the adult child was terminated effective June 30, 2011 and ongoing support for the younger child was recalculated.

The court ordered recalculation of retroactive amounts and proportionate sharing of uninsured dental expenses.