The Canadian Abridgment eDigests -- Family Law - WesternSeparation Agreement • June 7th, 2021
Contract Type FiledJune 7th, 2021Parties were married nine years, had two children, and their separation agreement provided for 50/50 shared parenting with father paying $2,000 per month in child support -- Parties lived by terms of agreement and had comparable living circumstances since separation -- Agreement did not require parties to disclose incomes annually and adjust child support accordingly -- Agreement noted father’s income was "$162,000 plus discretionary bonuses based on performance and profitability" -- Father’s income increased, but he did not adjust child support payments -- Older child commenced living full-time with father in January 2016 and younger child in December 2019 -- In June 2020, father ceased paying child support and advised mother she should pay him child support -- Father conceded older child ceased to be child of marriage effective January 2021 -- Father intended to fund children’s post-secondary education, but mother did not -- Mother brought application to vary separation agreement ret