Ontario Civil

Family Law

Father could not visit financial consequences of his choice on children

Motion by mother for variation of child support. Father had been successful travel agent. Father had custody of three children after separation. Father purportedly chose to become missionary in El Salvador. Two oldest children were attending university while youngest child was currently living with mother. Father reportedly owned home with pool and expensive vehicle and travelled frequently. Father claimed he had received money from children’s paternal grandmother. Father claimed travel was covered by Air Miles accumulated on his credit card through his missionary work. Motion granted on terms. Mother was given option of proceeding with trial of issue or accepting present determination. In absence of trial of issue, father was required to pay child support based on imputed income of $60,000. Father was intentionally under-employed. Father had successful career as travel agent earning up to $100,000 before becoming missionary. Father had voluntarily chosen path that would provide him with less income than he was capable of earning. No bad faith was attributed to father but he could not visit financial consequences of his choice on his children. Newell v. Newell (June 19, 2012, Ont. S.C.J., Pedlar J., File No. 04-1074) 218 A.C.W.S. (3d) 390 (12 pp.).

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