MAINTENANCE AND SUPPORT - Child support - Dependent children - Attendance at educational institution - Variation or termination of obligation

Law360 Canada ( August 13, 2025, 12:17 PM EDT) -- Appeal by appellant from order varying his child support obligations. The appellant and respondent shared two children, M and A. In September 2023, Marzari J. made an order declaring that M was and would continue to be a child of the marriage until Jan. 15, 2024, at which point she was required to provide proof of enrolment in a program of studies to the appellant. If she did not do so, the appellant was granted leave to apply for a declaration that M was no longer a child of the marriage. The appellant applied for an order adjusting his child support obligations, which was heard in September 2024 along with the respondent’s application for an order requiring funds to be paid to M as reimbursement of expenses incurred in full-time studies. There being no evidence of M’s continued enrolment, the chambers judge declared that M was no longer a child of the marriage effective Jan. 15, 2024. The appellant was ordered to pay a proportionate share of the expenses M incurred during 2022-2023 as a student. The appellant disputed this and referred the chambers judge to the reasons of Marzari J., which the chambers judge refused to consider. The appellant argued that the chambers judge erred in law by refusing to consider the reasons for judgment of Marzari J. when interpreting the order and by making a palpable and overriding error when calculating the amount of unreimbursed expenses. The respondent argued there was no palpable and overriding error in the chambers judge’s assessment of the claim for payment of educational expenses....
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