The applicant mother brought a motion to change seeking retroactive child support and the inclusion of the respondent father's tax-free Veterans Affairs Canada (VAC) disability pension in his income for support purposes.
The court found that the VAC pension should be included in the father's income and grossed up.
Applying the DBS and Michel frameworks, the court found no blameworthy conduct by the father and ordered retroactive child support back to the date of effective notice, rather than the date of the income change.
No costs were awarded due to mixed success.
