Stéphane A. MonPremier

The applicant mother brought a motion to change a previous order to reflect that the parties' son's primary residence had changed to her home, and sought retroactive child support.

The respondent father argued the mother was intentionally under-employed and opposed the support calculations.

The court found the son's primary residence had been with the mother since February 2020 with the father's consent, constituting a material change in circumstances.

The court rejected the father's claim of intentional under-employment, finding the mother's reduced income was due to health issues.

The court ordered the father to pay $33,469.08 in child support arrears and ongoing support of $714 per month.

The mother was the successful party in a motion to change regarding parenting and child support.

She sought costs of $32,455.36, relying on an offer to settle that met the requirements of Rule 18(14) of the Family Law Rules.

The father sought costs of $25,000, alleging bad faith by the mother, or alternatively that each party bear their own costs.

The court found the mother was entitled to costs but reduced the amount to account for the father's success on a previous motion for summer access.

The mother was awarded costs of $15,000.

Following a successful motion by the moving party to terminate his spousal support obligations, the court determined the issue of costs.

The court noted deficiencies in the bills of costs provided by both parties, as they were not organized by major steps in the case.

Applying the Family Law Rules and considering factors including an offer to settle served shortly before the hearing, the court awarded costs of $7,000 to the successful moving party.

The applicant sought to strike the respondent's pleadings for non-compliance with a disclosure order and requested costs.

The respondent brought a cross-motion to dismiss the applicant's motion and for temporary access to the children.

The court found that the respondent had substantially complied with the disclosure order and that striking pleadings was an extreme remedy not warranted by the facts.

The applicant's motion was dismissed.

The respondent's cross-motion for temporary access was also dismissed, as the issue of access had previously been ordered to be determined at trial.

No costs were awarded, as neither party was entirely successful on their respective motions.

The applicant sought costs following the dismissal of the respondent's motion for leave to appeal regarding child support.

The respondent argued the court lacked jurisdiction to award costs because the initial endorsement was silent on the issue and the applicant delayed in seeking them.

The court found that the applicant's counsel had promptly notified the court and the respondent of the intention to seek costs, satisfying the requirements of the Family Law Rules.

The court awarded the applicant costs fixed at $7,500.

The applicant father brought a motion to change a 2004 custody and support order after the parties' child moved primarily into his care in May 2014.

The father sought child support from the mother retroactive to May 2014, while the mother argued for a later start date due to periods where the child returned to her care.

The court found the child did not spend the required 40 percent of time with the mother to trigger shared custody provisions, ordering the mother to pay child support from May 1, 2014.

The court maintained the 50/50 sharing of extraordinary expenses and ordered the father to pay a reduced lump sum of $3,500 for past expenses claimed by the mother.

The applicant mother was completely successful on her motion for guideline child support and section 7 expenses.

She sought costs on a full recovery basis pursuant to Rule 18(14) of the Family Law Rules, having obtained a result better than her offers to settle.

The court found the applicant's efforts to negotiate settlement and the time expended were reasonable and necessitated by the respondent father's rigid and unreasonable conduct.

The respondent was ordered to pay costs of $9,213.83.