The appellant appealed an order that imputed his income at $65,000, rescinded child support, and transferred a child's education fund to the respondent.
The Divisional Court found that the motion judge erred in finding the appellant in default of financial disclosure obligations, as the order lacked a specific time limit and the hearing date had been advanced.
The court also found no basis for imputing the appellant's income at $65,000, noting that his actual income was $28,400 while the respondent's was $64,300.
The court allowed the appeal, recalculated child support based on the parties' actual incomes, and set aside the transfer of the education fund on the condition that the appellant maintain it for the child's benefit.
