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Digest of the Week | Post-Separation Income Increases

Wife not entitled to share in husband’s post-separation income increases in recent Ontario Court of Appeal case

Hersey v. Hersey

2016 CarswellOnt 9673

Ontario Court of Appeal

Family law --- Support — Spousal support under Divorce Act and provincial statutes — Practice and procedure — Appeals — Miscellaneous Reasons — Husband brought successful motion for variation of child support, and proportionate sharing of extraordinary expenses for post-secondary education based on imputed income to wife — Wife's cross-motion for increase in retroactive and ongoing spousal support was dismissed — Motion judge refused to award costs to husband — Wife appealed; husband cross-appealed refusal to award him costs — Wife's appeal dismissed; husband's cross-appeal dismissed — Motion judge determined that wife failed to establish right to share in husband's post-separation income increases — Motion judge did not accept that wife's medical condition prevented her from working full time — While reasons could have been more fulsome, motion judge implicitly considered ss. 15.3(3) and 17 of Divorce Act.

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