This decision addresses a Motion to Change seeking to vary child support provisions of a Separation Agreement dated November 12, 2008.
The applicant sought to reduce child support retroactively and prospectively based on the Child Support Guidelines and the number of eligible children, and to discharge arrears.
The respondent sought dismissal of the motion and recovery of arrears.
The court found significant ambiguity and inconsistency in the Separation Agreement's child support clauses, particularly regarding the fixed amount versus eligibility criteria.
The court imputed an income of $90,000 per annum to the applicant and adjusted child support retroactively from May 1, 2013, and prospectively, incorporating a "premium" component from the original agreement and an offset for a period when one child resided with the applicant.
The court also imputed an income of $30,000 to the respondent for offset purposes.
