In Matti v Matti, 2026 ABKB 478, the Alberta Court of King’s Bench varied a 2004 child support order back to August 1, 2007 - nearly 19 years before the decision was issued. The Applicant Mother was represented by Robert Woodward of Fraese Aymont LLP.
The 2004 Ontario order set the Father’s child support at zero. The Mother later applied to vary that order, seeking support for the period from 2007 to 2022 and asking the Court to impute income to the Father based on his alleged control of, or benefit from, several companies.
The Father argued that any variation should begin no earlier than the formal application filed on June 28, 2023, or alternatively three years before that date. Justice Sidnell rejected those positions. The Court found that effective notice was given in the context of a 2007 Alberta divorce action, where child support was raised and some financial disclosure occurred.
Applying Colucci, DBS, Michel, and Henderson, the Court found that the Father knew of his child support obligations, that his income had increased above the amount used in the 2004 order, and that he failed to provide ongoing income disclosure. That failure amounted to blameworthy conduct. The Court therefore varied the 2004 order from August 1, 2007 to June 30, 2021 for both children, and to June 30, 2022 for the one remaining child of the marriage.
The Mother’s request to impute higher income to the Father back to 2007, was adjourned to a potential future hearing, for fuller consideration and analysis of the evidentiary record respecting the Father's income. In the interim, the Court ordered an interim without-prejudice recalculation based on the Father’s T4 income plus a vehicle benefit, with income set at $160,000 for 2021 and $210,000 for the first half of 2022.
