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The court dismissed the father's appeal to reduce support, affirming the imputation of corporate income.
This family appeal concerned a father's attempt to reduce child and spousal support after losing his employment and operating income through corporations he controlled.
He argued there had been a material change in circumstances, that the court should rely on his personal income rather than corporate pre-tax income, and that spousal support should end.
The Court of Appeal rejected those arguments, holding that he had not shown a material decrease in income, that it was proper to impute corporate income and average income over three years, and that the step-down spousal support order was appropriate.
The court also upheld deciding the motion on affidavit evidence and awarded costs to the mother.
Motion for uncontested trial delayed as mandatory custody affidavit was not served under Hague Convention.
The applicant mother brought a motion to proceed to an uncontested trial for sole custody of the parties' child, asserting that the respondent father, who resides in Turkey, had been properly served with the Amended Application under the Hague Service Convention.
The court found that while the father was personally served with the Amended Application, he had not been served with the mandatory Form 35.1 Affidavit in Support of Custody or Access Claim.
The court tentatively concluded that the failure to serve the Form 35.1 Affidavit meant service was incomplete, and ordered the applicant to either make further submissions on the issue or re-serve all required documents in compliance with the Convention.
