Conducting a Variation of Retroactive Support Analysis

This case serves as a reminder that establishing a material change in circumstances is only the first hurdle to meet when attempting to reduce support arrears, and that the party seeking such relief must establish either that they are unable, and will never be able, to pay the arrears, or that the arrears have accrued as a result of a change in the payor’s circumstances.
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Children’s habitual residence: Balev v. Baggott, 2016 ONSC 55

In April 2013, the parties separated and agreed that the Appellant mother would take the children to Ontario where the children would attend school. The Respondent father executed a consent letter whereby the children would have to return to Germany by August 15, 2014. The Respondent’s letter further granted the Appellant “temporary” physical custody of the children until that date. The children and the Applicant traveled to Ontario on April 19, 2013.
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Appeal: Fielding v. Fielding, 2015 ONCA 901

The husband had originally co-owned the home with other partners, however, prior to the marriage, he obtained a vendor take back mortgage against the home to finance the purchase of his partners’ half interest in the home. He subsequently refinanced and replaced his original mortgage and vendor take back mortgage with a single conventional mortgage, which remained on the property at the date of marriage. Said mortgage was paid off during the marriage.
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Quantum of Spousal Support & Equalization Payment Appeal: Berta v Berta

The Appellant wife and Respondent husband married in December 1982. They separated after 27 years of marriage in March 2010. Following the wife’s retirement during the marriage, the husband started his own business in 1986, ACCE Inc., of which the parties were equal shareholders and served as the company’s directors.
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