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Digest of the Week | Variation of Spousal Support

Court varies quantum of spousal support



Mitchell v. Lewkoski | 2017 ONSC 4657 | Ontario Superior Court of Justice


Support -- Spousal support under Divorce Act and provincial statutes -- Variation or termination -- Change in financial circumstances -- Change in means of spouse


Husband was ordered to pay wife spousal support of $900 per month -- Husband lost his long-term employment and his income dropped dramatically -- Husband recently obtained full-time seasonal employment -- Husband brought motion to vary spousal support -- Motion granted -- Husband’s loss of his permanent employment and his inability to find new permanent employment that paid amount approaching his prior income over past three years constituted material change in circumstances sufficient to vary quantum of spousal support -- Husband was now employed full-time and wife had not met onus of proving that he was intentionally underemployed -- Husband had made reasonable efforts to replace income he previously earned but he had been unable to do so through no fault of his own -- Husband’s income for purpose of spousal support was $32,676.80 per year, and wife’s income was $19,407 per year -- In circumstances husband was ordered to pay wife spousal support of $200 per month.
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