T. Simpson

The respondent father brought a motion to change a 2006 final order regarding child support, seeking to pay his adult daughter directly for her post-secondary expenses and to cease support after her sixth year.

The applicant mother brought a cross-motion seeking retroactive and ongoing child support proportionate to the parties' incomes.

The court found a material change in circumstances and calculated child support under section 3(2)(b) of the Federal Child Support Guidelines, factoring in the child's needs, her expected contributions from summer employment and loans, and the parents' proportionate incomes.

The court ordered the father to pay $34,224 in arrears and ongoing monthly support, including for a seventh year of university necessitated by the child repeating a year of law school.

The father's request to pay the child directly was dismissed, and payments were ordered to continue through the Family Responsibility Office.

The respondent husband brought a motion to change a prior order that granted the applicant wife exclusive possession of the matrimonial home.

The husband argued the prior order was made without adequate notice and that he was unable to attend the hearing.

The court found that notice was adequate and, although the husband had a satisfactory reason for missing the hearing, declined to return exclusive possession to him.

The court found the husband lacked the financial stability to maintain the home and had a history of neglecting the property, making it necessary for the wife to retain possession to preserve the asset for sale.