2 total
The court ordered retroactive and prospective child support, adjusting the father's income for union dues.
The applicant mother sought retroactive and prospective child support from the respondent father for their six-year-old daughter with Autism Spectrum Disorder.
The father had been paying $686 per month since June 2020 on a temporary without prejudice basis, despite significant income increases.
The court determined that retroactive child support was appropriate from the date of effective notice (December 11, 2019) and calculated arrears of $10,157 in table support plus $1,272.02 in section 7 expenses, payable over 24 months.
Prospective child support was set at $789 per month based on the father's adjusted income of $88,545.24 (after deducting union dues), with the father paying 71.25% of section 7 expenses.
The father's request for a reduction based on travel costs to exercise parenting time was denied as he failed to complete the required undue hardship analysis, though he was permitted to bring such a claim in the future.
The court ordered retroactive child support and imputed income to the intentionally underemployed father.
The respondent mother brought an interim motion for retroactive and ongoing child support from the applicant father in a shared parenting arrangement.
Despite a significant income disparity and previous judicial concerns, the father had paid no child support for 4.5 years.
The court imputed income to the father from January 1, 2023, based on his pre-disability earnings, finding him intentionally underemployed after his disability benefits ceased.
The court declined to impute pre-tax corporate income at this interim stage due to incomplete financial statements.
Retroactive child support was ordered from September 2018, and ongoing set-off child support was ordered.
The court also ordered the father to secure child support payments by naming the mother as beneficiary on his life insurance policy.
