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Child Support Cases - Adult Children
¶ 1 HACKLAND J. (endorsement):— I have reviewed the costs submissions filed by counsel for each of the parties. The principal issue addressed in argument was whether Cory continued to be entitled to child support after the commencement of his apprenticeship. Mr. Fulham was successful on that issue and my order calculated a support overpayment that was more advantageous to Mr. Fulham than Mr. Fulham's offer to settle served early on in this application.
¶ 2 In the circumstance noted the Respondant Mr. Fulham would normally be entitled to his costs and indeed costs on a full indemnity basis subsequent to his offer to settle served August 25, 2003, (see Rule 18 (14) of the Family Law Rules). However, the Court has a wide discretion with respect to costs and I believe the interests of justice are served by awarding Mr. Fulham costs on a partial indemnity basis only.
¶ 3 The applicant Ms. Charron has assumed full responsibility for the parenting of the parties' two children, with no help from Mr. Fulham. She was owed support arrears in the sum of $30,000.00 which she forgave, as an accommodation to Mr. Fulham. He then failed to comply with the terms of the Order of Métivier, J. concerning financial disclosure with the result that Ms. Charron did not know where she stood and therefore reasonably commenced this Application. In the circumstances Mr. Fulham's ultimate success on the motion should not relieve him from the responsibility of paying some of the legal costs he has incurred.
¶ 4 I order that the Applicant Ms. Charron pay the Respondant Mr. Fulham's costs on a partial indemnity basis, fixed in the sum of $4,500.00.