Legal information capsules| FAMILY LAW – Reduction of child support |
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A father of three children has filed a motion to decrease child support citing three major changes: his retirement implying a decrease of salary, his son earning income from a part-time job and the increase of the mother's salary. The Superior Court dismissed the first change on the grounds that the father's decision to retire early was irresponsible given his family obligations. The Court therefore took his salary before retirement to determine child support, putting his health issues aside.
The same conclusion was repeated in the Court of Appeal stating that a reduction of salary due to a retirement based on legitimate and reasonable reasons could have justified a reduction in child support only if it would not impose undue restrictions on creditor of support. In this situation, creditors are children, so we must remain vigilant because they are vulnerable people who are not yet able to provide for themselves. The Court of Appeal has ruled that the judge of the Superior Court made no error of principle or of fact to justify an intervention. JE 2011-961 |