R. Stead

The applicant mother and respondent father separated after a long marriage.

The court determined three main issues: child support for their 18-year-old son, spousal support, and equalization of net family property.

The court found the adult son remained a dependent child due to emotional difficulties despite not attending school full-time, ordering ongoing child support.

The court imputed income to both parties and ordered the father to pay ongoing spousal support of $2,384 monthly.

To satisfy the equalization payment and provide stability for the son, the court ordered the matrimonial home vested in the mother, with the jointly owned rental property to be sold.

The moving party (former husband) brought a motion to change, seeking to vary and terminate spousal support payable to the responding party (former wife).

He argued that his income had decreased, her income had increased due to RRSP withdrawals, and she was capable of working.

The responding party argued her health conditions (fibromyalgia and chronic fatigue syndrome) prevented her from working and her income had not materially changed.

The court found no material change in the moving party's income, noting his business had returned to previous levels and he continued to make maximum RRSP contributions.

The court also declined to impute income to the responding party, finding her health issues prevented employment and her RRSP withdrawals were necessary for expenses.

The motion to change was dismissed.