M. Kurz

The applicant brought a motion to vary an existing spousal support order following a change in circumstances after obtaining sole custody of the parties’ children.

The court accepted that the custodial change and resulting financial responsibilities constituted a material change since the earlier support order.

Applying the Spousal Support Advisory Guidelines and considering the applicant’s reduced income and increased childcare obligations, the court set support at the mid-range of the guideline amounts.

Requests by the respondent for additional costs and for the applicant to assume full responsibility for a professional’s fees were rejected.

The prior order was varied to reduce the monthly spousal support obligation.

The applicant father brought a motion for sole custody of the parties' two children, relying on a section 30 assessment that found the respondent mother was severely alienating the children.

The assessor testified that the mother's influence caused parentification, insecure attachment, and a shared delusion, including false allegations of abuse against the father.

Finding this to be an exceptional case where the assessor's recommendations must be acted upon immediately to prevent grave psychological harm, the court granted the father temporary sole custody, ordered no contact between the mother and children, and terminated the father's child support obligations.

The moving party sought to reduce interim child and spousal support after losing his employment and requested elimination or set-off of arrears.

The responding party sought to impute substantial income to the payor and requested large prospective lump sum awards for child and spousal support due to concerns about potential bankruptcy and loss of future support.

The court held that the evidentiary record did not justify imputing high income or ordering lump sum support at the interim stage, emphasizing that such orders require strong evidence and consideration of the payor’s future financial viability.

Finding a material change in circumstances due to the loss of employment, the court varied the interim order by suspending spousal support and reducing child support to reflect current income.

The court also ordered payment of a tax liability previously agreed to by the parties from the payor’s RRSP holdings.