The applicant, Darlene D’Silva, residing in Alberta, sought to vary a 2011 child support order against the respondent, James King, residing in Ontario, under the Interjurisdictional Support Orders Act, 2002.
She requested retroactive and prospective increases, Section 7 special expenses, and imputation of income to the respondent.
The respondent resisted, citing frustration of access and disputing income imputation.
The court found a material change in circumstances due to the respondent ceasing to pay travel costs, which was a condition for the lower support amount.
However, the court rejected the applicant's claim for extensive retroactive support and high income imputation, finding no blameworthy conduct by the respondent and potential hardship.
The court imputed income to the respondent at $37,000 annually, effective June 1, 2018, after a 6-month period to arrange alternative care for his elderly parents, recognizing his legal duty of care under the Criminal Code.
Prospective child support was set at $534.00 per month, with special expenses shared proportionally (Applicant 53%, Respondent 47%).
No retroactive support was awarded.
