Varying Changing Calgary Child Spousal Support applications are frequently brought in the Calgary family law court system particularly with recent economic reversals in Calgary.
Successful, Varying Changing Calgary Child Spousal Support applications require proof of a significant change in the conditions means and needs of the spouses. In reality, there has to be a signficant and long lasting change in either or both spouses incomes that would not include someone deliberately refusing to work. The rules are technical so it makes good sense to hire a senior family lawyer with a proven track record in these cases.
Varying Changing Calgary Child Spousal Support 403-444-5503
In the recent Court of Appeal case of Pritchard v Christensson, 2018 ABCA 302 the Court of Appeal set aside a trial court’s ruling that reduced child support and reinstated it and the monthly arrears amount that was also payable under the former Order. O’Ferrall J.A. (for the Court):
[1] Ms. Pritchard appeals a case management order which temporarily reduced her three boys’ child support payments while the respondent payor, Mr. Christensson, was absent from work for medical reasons for about three months between October 1, 2017 and January 15, 2018. Ms. Pritchard alleges several errors on the part of the case management judge who made this order, including that the judge varied the child support on insufficient evidence. She also argues that the case management judge erred in finding a material change in circumstances had occurred and, in any event, failed to follow the Federal Child Support Guidelines in ordering the varied amounts. She asks us to set aside the reduction in child support.
[2] The parties were before this Court arguing the issue of child support less than 18 months ago. At that time this Court imputed income to the respondent and made an order for child support on the basis of that imputed income (2017 ABCA 114 (CanLII)). That order cannot be varied without a material change of circumstances (Divorce Act, RSC 1985, c 3 (2nd Supp), s 17(4); Willick v Willick, 1994 CanLII 28 (SCC), [1994] 3 SCR 670, 119 DLR (4th) 405).
[3] We are satisfied that the case management judge made a reviewable error by reducing Mr. Christensson’s child support payments. In our view, the evidence was insufficient to establish a material change in circumstances.
Varying Changing Calgary Child Spousal Support-Appeal Allowed
Varying Changing Calgary Child Spousal Support requires certain conditions to be met:
[4] A change in circumstances must be sufficiently long-lasting to justify varying a support order (Harder v Harder, 2003 SKQB 286 (CanLII) at para 29, 41 RFL (5th) 69). Short-term reductions in income do not generally merit a reduction in child support. Child support obligations should come before the payor’s other obligations. If a payor has fluctuating income or knows that his income is going to be fluctuating because of scheduled surgeries, he or she can budget accordingly. It should be the payor, not the child, who is required to make the necessary financial adjustment (Kinasewich v Kinasewich, 2000 ABQB 140 (CanLII) at para 42, 260 AR 181). The respondent, Mr. Christensson, could have planned for his reduced income due to absence from work.
[5] We would also note that even if a reduction in child support had been appropriate (which, in our view, it was not), the amount of the reduction ordered by the case management judge was impermissible.Section 17(6.1) of the Divorce Act requires that any variation in child support must be in accordance with the Guidelines, these are federal guidelines which are published. The case management judge, albeit temporarily, set child support at amounts which simply equalled the amounts collected by the Maintenance Enforcement Program during the respondent’s absence from work. Those amounts do not appear to relate to the Guidelines. Nor do they disclose how the case management judge adjusted this Court’s previous determination of the respondent’s income to arrive at the varied amounts that he ordered.
[6] Accordingly, the reduction in section 3 and section 7 child support ordered by the case management judge is set aside. The shortfall in child support that ought to have been paid by the respondent between October 1, 2017 and January 15, 2018 will be added to the respondent’s child support arrears. We note that the respondent was previously ordered to pay $500 per month towards those child support arrears. That order continues to be in force.
Varying Changing Calgary Child Spousal Support Lawyers 403-444-5503
If you think you are entitled to more or less Calgary spousal or Calgary child support because of a material change in you or your ex-partner’s circumstances, including job loss, or non disclosed or increased income of either parent,
Call MacLean Law’s Calgary family lawyer Peter Graburn at our downtown Calgary office at 403-444-5503.
