Ryan Gillisse

This is a costs endorsement following a trial decision in a child support matter.

The applicant sought full recovery of costs at $4,542.60, while the respondent proposed costs of $1,800 payable at $50 per month.

The applicant had made a settlement offer that complied with the Family Law Rules and obtained a judgment more favourable than the offer.

The court awarded costs of $3,390 total, comprising partial indemnity costs before the settlement offer date and full recovery costs thereafter, with disbursements and HST included.

The respondent was ordered to repay at $150 per month commencing October 1, 2013.

The applicant mother sought child support for two children (ages 7 and 8) and requested that the respondent father's income be imputed at $52,000 per annum, with support retroactive to January 1, 2010, and a contribution to special expenses starting January 1, 2013.

The respondent father proposed an imputed income of $26,654 with support beginning April 1, 2010.

The court found the father's evidence evasive, vague, contradictory and self-serving, and determined that he had under-reported his income to Revenue Canada.

Based on lifestyle analysis and customer volume calculations, the court imputed net income of $37,000 per annum and grossed it up to $43,935 per annum for support purposes.

The court ordered child support of $664 per month (April 1, 2010 to December 31, 2011) and $646 per month (January 1, 2012 onwards), plus $90 per month for special expenses (childcare and camp) starting January 1, 2013.

Arrears were fixed at $18,989 as of June 30, 2013, to be repaid at $150 per month.