Zane R. Handysides

The applicant mother sought ongoing and retroactive child support.

The respondent father claimed he had the children for at least 40 per cent of the time during a two-year period, entitling him to a shared custody adjustment under section 9 of the Federal Child Support Guidelines, and resulting in an alleged overpayment.

The court found the father failed to meet the 40 per cent threshold, relying on the mother's contemporaneous access records over the father's reconstructed calendars.

The court ordered the father to pay ongoing child support of $1,595 per month and retroactive child support arrears of $25,464.

The applicant wife brought a motion for interim spousal support, and the respondent husband brought a cross-motion for interim child support.

The wife claimed she was unable to work due to medical conditions, while the husband argued she was employed by her new partner's law firm.

The court dismissed the wife's motion, finding she failed to establish a prima facie case for entitlement on either compensatory or non-compensatory grounds, largely due to insufficient medical evidence and failure to make proper financial disclosure.

The court also dismissed the husband's motion for child support, declining to impute income to the wife at the interim stage given the conflicting affidavit evidence.