Nicole Amelia Matthews

The payor brought a motion to terminate or reduce spousal support ordered following the breakdown of a long-term common-law relationship.

The payor argued the recipient’s increased income and ability to subsist on reduced payments constituted a material change in circumstances.

The court held that although the recipient’s income had increased, it remained at subsistence level and did not amount to a material change sufficient to vary support.

The motion was dismissed and the original support order reinstated.

The court also ordered partial arrears after finding the payor failed to disclose his return to employment while continuing to pay reduced support through enforcement proceedings.

Costs were determined following three family law motions concerning financial disclosure in related proceedings involving a motion to change child support and an application by an adult child for support.

Two motions sought to strike pleadings for failure to comply with financial disclosure obligations, while a third sought disclosure from another party.

The court held that the responding parties had acted in bad faith by failing to comply with prior disclosure orders and by obstructing disclosure required under the Family Law Rules and the Child Support Guidelines.

Full indemnity costs were awarded to the moving parties for the motions to strike, while partial indemnity costs were awarded on the disclosure motion.

The court also ordered that the costs were on account of child support, enforceable through the Family Responsibility Office, and prohibited further motions by the offending parties until the costs were paid.