Following a family law trial where the applicant was awarded child support and substantial costs, the respondent immediately filed for bankruptcy.
The applicant brought a motion seeking to allocate a portion of the trial cost award as legal fees related to child support so that the debt would survive bankruptcy under the Bankruptcy and Insolvency Act.
The court determined that the issues of decision-making and parenting time were inextricably linked to child support.
Ultimately, the court granted the motion, declaring that 75% of the trial costs constitute a support debt and are enforceable as a support order.
