S.M. Fehrle

The appellant appealed a decision varying a long-standing spousal support order following a motion to change.

The trial judge had reduced ongoing support but significantly increased the monthly repayment of accumulated arrears and declined to impute certain income to the recipient spouse.

On appeal, the court held that a review proceeding does not require proof of a material change in circumstances and found errors in failing to attribute income to the recipient from a retirement investment account and modest rental income from an adult child living in the home.

The court also found the increased arrears repayment schedule was unsustainable relative to the payor’s income.

The support amount and arrears repayment schedule were varied accordingly.

On a family law motion, the court made several temporary orders concerning child support, post-secondary education expenses, and the disposition of the matrimonial home.

The court ordered table child support based on the respondent’s income and required both parents to contribute proportionately to the child’s post-secondary expenses under s. 7 of the Federal Child Support Guidelines, with the child contributing a portion.

The court also directed that the matrimonial home be listed for sale and that the net proceeds be paid into court pending trial due to ongoing disputes regarding property interests and financial responsibilities.

Issues relating to spousal support and broader property claims were adjourned for later determination.