MAINTENANCE AND SUPPORT - Child support - Retroactive awards

Law360 Canada (November 23, 2022, 6:18 AM EST) -- Appeal by the father from parenting and child support orders. He argued that the trial judge erred by misapplying the best interests of the child test, including by underemphasizing the importance of the father’s access to the child and by giving insufficient reasons as to why she ignored the agreement reached between the father and mother to substitute child support and overlooked the consent agreement signed in 2016. An interim order respecting parenting time gave primary care of the child to the mother during the academic year. In the interim consent order regarding child support, the parties agreed the mother’s income was $51,000 and the father’s was $60,281. In the trial order, the parties agreed their 2021 guideline incomes were $65,363 for the mother and $55,135 for the father. The trial judge ordered the mother have most of the child’s parenting time. The judge also ordered the mother was to have final decision-making authority on significant matters related to the child’s health, education and well-being, provided she first communicated with the father, and they used their best efforts to reach an agreement on the issue. The trial judge ordered the father to pay retroactive and prospective child support. The total support payable was set at $18,398, and the judge ordered the father to pay this amount in instalments of $250 per month, in addition to his prospective, ongoing child support obligation of $470 per month from December 2021....
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