Silvano A.A. Del Rio

The applicant wife sought interim spousal support following the breakdown of a long-term traditional marriage.

The parties disputed the income to be imputed to the wife and the husband's income for support purposes.

The court imputed a minimum wage income of $22,000 to the wife and determined the husband's income to be $224,922, adding back amounts paid to the wife by his medical corporation for income splitting.

Considering the compensatory and non-compensatory basis for support, the court awarded interim spousal support of $8,000 per month, near the high range of the guidelines.

Following a motion to change custody in which the father obtained sole custody of the child, the court determined costs of the proceeding.

The court applied the principles in Rule 24 of the Family Law Rules and emphasized that costs serve to indemnify successful parties and sanction unreasonable litigation conduct.

The mother repeatedly breached prior court orders, advanced unsubstantiated allegations, resisted disclosure, and acted in bad faith, which significantly prolonged the litigation.

The court found the father's legal fees and disbursements reasonable and awarded costs on a full recovery basis.

The mother's financial circumstances and legal aid funding did not justify relieving her of liability for costs.