Vivian Merklinger

The applicant brought a motion for interim child and spousal support following the parties' separation.

The respondent claimed inability to pay and disputed entitlement.

The court found the applicant established a prima facie case for spousal support based on her need and the length of the marriage.

Due to inconsistencies in the respondent's financial disclosure and reported expenses far exceeding his reported income, the court imputed his income at $142,598 based on the average of his reported yearly expenses.

Interim child support and spousal support were ordered to commence following the sale of the matrimonial home.

The applicant father brought a motion to gradually expand his parenting time with the parties' 8-month-old child and to transition the visits from the mother's verandah to his own residence.

The mother sought an adjournment, citing the father's failure to provide a criminal record check and her desire to forensically review video evidence of an alleged assault, which the court dismissed.

The court granted the father's motion for expanded parenting time, finding that it was in the child's best interests to foster a meaningful relationship with the father away from the parents' conflict, and that the mother's concerns regarding breastfeeding and the father's past substance abuse were sufficiently addressed.

In supplementary reasons following a trial, the court determined the quantum and duration of spousal support owed by the applicant to the respondent.

The court applied the Spousal Support Advisory Guidelines, factoring in imputed incomes for both parties and changing parenting arrangements over the years.

The applicant was ordered to pay $78,261 in retrospective spousal support and $6,053 monthly in prospective spousal support for an indefinite duration, subject to review.

The applicant was also ordered to maintain a $1,000,000 life insurance policy to secure his support obligations.