What is the effect of a variation application for disability support when a payor's retirement is deemed medically necessary?
British Columbia, Canada
The following excerpt is from C. A. O. v. S. J. O., 2012 BCSC 378 (CanLII):
Emery v. Emery, 2010 BCCA 229, 85 R.F.L. (6th) 251, concerned a payor who had retired from employment at an early age. The retirement was accepted as medically necessary. The judge hearing a variation application “vacated” or suspended the support obligations for a period of months, predicting that the payor would find other employment for which he was medically suited to supplement his pension.
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