The respondent father brought a motion to change a prior order under s. 17 of the Divorce Act seeking termination of child support after the parties’ daughter began residing with him, as well as prospective variation of spousal support upon his planned retirement.
The mother opposed the motion and sought a retroactive increase in spousal support based on the father’s increased income.
The court found a material change in circumstances because the child had resided with the father since 2012 and held that the mother was not exercising shared parenting under the Child Support Guidelines.
Child support was terminated retroactive to May 1, 2014 and the mother was ordered to repay amounts received thereafter.
The court rejected the mother’s claim for increased spousal support but ordered a prospective reduction following the father’s retirement, with a time-limited continuation of support.
