Tracy L. Miller

The parties separated in 2005 and have three children whose living arrangements shifted between the parents over several years.

The father, who formed a new blended family, failed to pay court-ordered support and accumulated arrears.

The parties attempted to settle the ongoing and retroactive support issues by agreeing to waive child support in exchange for fixed spousal support, but the agreement resulted in adverse tax consequences for the mother.

The court set aside the settlement regarding child support, finding it cannot be bargained away, and ordered retroactive and ongoing child and spousal support based on the parties' actual incomes and the Guidelines.

The father's arrears were converted into a monetary judgment enforceable by the Family Responsibility Office.

The parties separated in 2008 and initially agreed to joint custody with primary residence to the mother.

In 2010, the mother was charged with criminal negligence causing bodily harm related to her boyfriend's sexual assault of a minor.

The father sought sole custody and permission to move the children out of the jurisdiction.

The court found that the children were not at risk in the mother's care and that it was in their best interests to maintain primary residence with her in their familiar neighbourhood.

The court also ordered the father to pay child support, ongoing and retroactive spousal support, and an equalization payment.