The moving party brought a motion to change a final order governing child support and section 7 expenses under the Divorce Act.
The court considered whether the payor’s reduced income following his voluntary decision to leave employment and start a business abroad constituted a material change in circumstances under s. 17 of the Divorce Act and the Federal Child Support Guidelines.
The court held that the risks associated with the payor’s career change were contemplated when the original order and settlement were made, and therefore no material change existed to justify varying the child support order.
However, the court addressed entitlement of adult children to support and recalculated arrears where one child was not a “child of the marriage” for part of the period.
The motion to vary the support order was largely dismissed and arrears and section 7 expenses were fixed and ordered payable from the payor’s retirement investments.
