P. Bateman

In a final decision following a family law trial, the court determined the ongoing calculation of child support.

The applicant sought to impute income to the respondent for a period of unemployment.

The court held that a material change in circumstances was not required to adjust support because no final order had been made.

The court declined to impute income, finding the respondent was not intentionally underemployed and had conducted an extensive job search.

Ongoing support was set based on the respondent's new employment income.

Following prior proceedings in a family law matter, the court addressed costs entitlement and quantum.

The respondent sought full indemnity costs of $15,325.19 supported only by counsel’s ledger statement.

The court noted that the request included preparation for attendance at a case conference despite no costs order having been made at that conference.

In the circumstances, the court reduced the requested amount and ordered a lump-sum costs award.

A former spouse brought a motion to change a final divorce order seeking to reduce or eliminate spousal support following retirement and serious health issues.

The court found that retirement and deteriorating health constituted a material change in circumstances.

In assessing support, the court considered whether pension income previously equalized at property division could still be relied upon for spousal support and reviewed authorities on “double‑dipping.” The court concluded that the recipient had received appropriate equalization and owned significant assets, and therefore support should not continue indefinitely based on the pension income.

The support obligation was gradually reduced over several months and terminated as of March 1, 2015.

The applicant father brought a motion to change a final consent order, seeking to terminate spousal support and reduce child support on the basis of his early retirement at age 65.

The court found the father lacked credibility, having deliberately chosen to retire early to avoid his support obligations while secretly continuing part-time employment.

The court held that the voluntary early retirement did not constitute a material change in circumstances.

The father's income was imputed at his pre-retirement level, and his motions to terminate spousal support, reduce life insurance, and eliminate health benefits were dismissed.

The court also determined the parties' proportionate shares for the children's section 7 post-secondary expenses.