2 total
Spousal support terminated after 20 years upon payor's retirement, despite recipient's ongoing disability.
The payor brought a motion to change a 1999 spousal support order, seeking to terminate his $700 monthly payments upon his retirement at age 60.
The recipient opposed the motion, arguing she remained disabled and unable to work, and sought an increase in support based on the payor's post-separation income increases.
The court ruled that the recipient's psychiatric expert report was partially inadmissible for failing to comply with the Family Law Rules for litigation experts.
The court found the payor's retirement constituted a material change in circumstances and terminated the spousal support, noting he had paid support for 20 years—well beyond the duration suggested by the Spousal Support Advisory Guidelines for a 12.5-year marriage.
The court dismissed the application, finding the Society failed to prove risk of harm.
The Children's Aid Society sought a finding that a newborn child was in need of protection under Section 74 of the Child, Youth and Family Services Act, alleging risks based on parental substance use, the father's youth justice involvement and anger management concerns, lack of engagement with the Society during pregnancy planning, and inadequate preparedness for the child's discharge from hospital.
The court rejected all grounds for the protection finding, determining that the Society failed to establish a real and likely risk of physical or emotional harm on a balance of probabilities.
The court found the parents' plan to reside with extended family support was reasonable and responsible, and that the Society's concerns were largely speculative or based on incomplete and misleading information presented in the apprehension warrant application.
