The applicant sought retroactive variation of a separation agreement to recover unpaid spousal support.
The respondent had misrepresented his income as $80,000 annually when negotiating the agreement, but subsequently earned significantly more (averaging $182,012.50 annually from 2009-2014).
After signing the agreement, the respondent ceased support payments for over three years while earning substantial income, justifying his actions with false claims of financial hardship.
The court found a material change in circumstances and awarded retroactive spousal support of $102,787.75 (net of tax adjustments), payable within 60 days.
The court rejected the respondent's arguments regarding the applicant's alleged unclean hands and found his conduct throughout the proceedings to be blameworthy.
