Nancy Pringle

The applicant father brought a motion to change to terminate his child support obligations for his 22-year-old daughter, arguing that various triggering events in a previous consent order had occurred, including that she had completed her post-secondary education and was enrolled in a degree in policing.

The respondent mother opposed the termination and sought an upward adjustment of child support based on the father's increased income.

The court dismissed the father's motion, finding that the daughter remained a 'child of the marriage' enrolled in a full-time program of education that was not strictly a degree in policing, and that she had not earned over $15,000.

The court granted the mother's request to adjust child support upwards for 2017 and 2018 based on the father's increased income, with support terminating on the daughter's 22nd birthday.

Following a family law trial where the applicant was successful, she sought substantial indemnity costs of $9,949 plus HST and disbursements.

The respondent did not make costs submissions.

The court found that while the respondent was unsuccessful, his position on equalization was not unreasonable given the unusual circumstances.

The court declined to award substantial indemnity costs and fixed costs at $3,500 inclusive, payable by the respondent at a rate of $300 per month.