Sheila A. Beaumont

The applicant wife brought a motion for interim spousal support.

The parties disputed the length of their pre-marital cohabitation and the wife's ability to earn income.

The wife, aged 64, was receiving CPP disability benefits, while the husband earned approximately $70,000 annually.

The court found the wife established a prima facie case for interim support based on her needs and the husband's means.

The court ordered the husband to pay interim spousal support of $1,200 per month and awarded $2,000 in costs to the applicant.

The moving party (father) brought a motion to change his child support obligations after leaving his full-time employment to pursue a full-time university degree.

The responding party (mother) opposed the motion, arguing he was intentionally under-employed and sought an increase based on his previous earning trajectory.

Applying the Drygala test, the court found the father was intentionally under-employed but that his return to school was required by his reasonable educational needs and would ultimately benefit the child.

However, noting his ability to work part-time and full-time during the summer, the court imputed an annual income of $20,000 and reduced his child support obligation to $172 per month.