Michelle Raithby

The applicant mother brought a motion for interim child and spousal support, seeking to impute income to the respondent father.

The father had unilaterally reduced his child support payments multiple times post-separation and provided insufficient evidence of his current income or inability to work overtime.

The court imputed the father's income at $97,000 under s. 19(1) of the Federal Child Support Guidelines and ordered him to pay table child support and mid-range spousal support based on that amount.

The mother's request for contribution to childcare expenses was dismissed as she was working minimal hours.

The matter was transferred to London on consent.

The applicant brought a motion for interim spousal support.

The primary issue was the respondent's early retirement and whether income should be imputed to him.

The court found the respondent intentionally unemployed, as his retirement was voluntary and not due to health or incapacity, and he had not sought new employment.

Income was imputed to the respondent based on an average of his pre-retirement earnings, including commissions and capital gains.

The court ordered the respondent to pay interim spousal support of $8,000 per month and maintained the applicant as an irrevocable beneficiary of a life insurance policy.