MAINTENANCE AND SUPPORT - Spousal support - Calculation or attribution of income - Quantum - Duration of marriage

Law360 Canada (July 5, 2023, 5:50 AM EDT) -- Application by husband for an order terminating or reducing his spousal support obligation both immediately and retroactively as well as orders cancelling or reducing his arrears. The spousal support obligation was contained in Minutes of Settlement agreed to by the parties. The parties’ daughter, Naomi, was severely disabled. She required constant care throughout her 17-year life and the wife provided that care. There was a mutual expectation that the wife would provide the needed care for Naomi while the husband would earn the family income. The wife not only managed Naomi’s medical needs but she worked to give Naomi the best life she could have until Naomi’s passing in 2020. The husband argued that he overpaid his spousal support because he was unemployed for a total of 19 months in the 13 years since the Minutes of Settlement were concluded. He also argued the marriage was relatively short (10 years from the date of marriage to separation) and the wife should now be self-sufficient....
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