L. Tocheri

The applicant sought an uncontested divorce, parenting orders, child support, and property division after the respondent failed to participate in the proceedings.

The court granted the divorce, ordered shared parenting with joint decision-making, and ordered the respondent to pay retroactive and ongoing child support.

The court also ordered the sale of the jointly owned matrimonial home, division of personal property, equalization of specific assets, and shared responsibility for joint debts.

Costs of $2,500 were awarded to the applicant.

The applicant mother brought a motion for temporary child support for four children based on the respondent father's previously estimated income of $120,000.

The father, who was in default of his financial disclosure obligations, argued support should be based on his current Employment Insurance income of $33,800.

The court found it inequitable to impose support based on the estimated income given the evidence of EI receipt, and ordered temporary child support based on the $33,800 income on a without prejudice basis, while ordering the father to provide outstanding financial disclosure.