Justice Fraser rendered a creative decision in finding that the payor Husband underpaid child support in the recent case, Hinz v Hinz, 2021 ABQB 385.
The Court considered leading cases, Michel v Graydon, 2020 SCC 24 and DBS v SRG, 2006 SCC 37, and found that the party’s failure to exchange financial information since 2010 only served to benefit the payor. In addition, the payor was found to be blameworthy for failing to report his increased income and the perks from both his numbered company and farm land.
Even though the payor had entered into an orderly payment of debt regime, the Court ordered Mr. Hinz to pay $112,166 in retroactive child support for the years 2010 to present. He was allowed to make some lump sum payments to both the Mother and the adult children directly and got a payment plan for the balance of the arrears with a potential credit on those arrears if payments were made on time.
Check out the full case here: https://canlii.ca/t/jfxbc
Ronald S. Foster, Q.C.