MAINTENANCE AND SUPPORT - Child support - Child ceasing to be child of marriage

Law360 Canada ( July 19, 2022, 6:34 AM EDT) -- Appeal by the husband from the spousal support award and a finding that a son was no longer a child of the marriage for purposes of child support. The parties had three children, a son and twin girls. At the time of the arbitration, the son was 17 years old and the girls were just turning 10 years old. The wife wanted to relocate to Toronto with the girls. This was opposed by the husband. The arbitrator found the best interests of the children would be for them to remain together in Victoria with the husband. Based on that finding, the arbitrator then made child and spousal support awards. The arbitrator set spousal support in an amount higher than recommended in the Spousal Support Advisory Guidelines (SSAG). At the time of the arbitration award, the husband earned approximately four times more than the wife. The wife appealed the relocation decision. The chambers judge allowed the appeal and found it was in the twins’ best interest they be allowed to relocate to live with the wife. The relocation decision was not appealed. The son resided with the husband in Victoria. The parties were unable to come to an agreement and took no steps to change the arbitration award until the wife filed an application for amendment of the arbitral award. In his application response, the husband argued the son was unable to withdraw from the parties’ charge and remained a child of the marriage....
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