MAINTENANCE AND SUPPORT - Child support - Variation or termination of obligation - Blameworthy conduct

Law360 Canada (September 27, 2022, 6:13 AM EDT) -- Appeal by the mother from a judgment that varied the separation agreement and ordered that any excess amount owing by the father be held in trust by him, on the grounds that the judge erred in law in not finding that the father engaged in blameworthy conduct by failing to disclose the additional income before the Separation Agreement. The appellant mother applied to vary a separation agreement entered into in 2008 with her former spouse, the respondent father. She also sought an order that the respondent pay retroactive child support from 2008. The father filed a notice of application seeking substantially the same relief. The chambers judge varied the agreement and ordered that the father pay retroactive child support for the younger child of the marriage. The mother was ordered to pay retroactive child support to the father for the older child from the date she ceased to be a child of the marriage, together with ongoing support until the younger child was no longer a child of the marriage. The father’s retroactive child support was to be set off against the mother’s retroactive child support and vice versa. The parties, by consent, then agreed to the amounts owing for retroactive support with the net result being that the mother owed the father $37,701....
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