Stuart Law

The mother sought costs of $73,127.51 following a successful trial on a Motion to Change regarding child support for an adult disabled child.

The father argued there should be no costs order due to his limited ability to pay.

The court found the father acted unreasonably by failing to provide budgetary information until mid-trial and by advancing numerous claims that were later withdrawn or dismissed.

Considering the father's limited ability to pay and the need to avoid negatively impacting his ability to care for the child, the court awarded the mother $25,000 in costs.

The court declined the mother's request to set off the costs against ongoing child support.

The father brought a motion to change a final order to seek retroactive and ongoing child support for the parties' 25-year-old severely disabled son, who moved into his care in 2014.

The court found a material change in circumstances and that the son remained a child of the marriage.

The court declined to order retroactive support due to the father's delay and failure to provide a budget.

For ongoing support, the court applied section 3(2)(b) of the Child Support Guidelines, apportioning the son's expenses not covered by government funding between the parents based on their respective incomes, resulting in the mother paying $1,167.52 per month.