B.J. v. K.C.W.J.

B.J. v. K.C.W.J.

No binding settlement was found; respondent failed to provide adequate financial disclosure and his income was determined on the claimant's revised calculations. On an interim without prejudice basis and assuming 50/50 parenting time, the court ordered monthly child support of $3,764 and monthly spousal support of...

Source-derived case information.

Citation
2015 BCSC 1746
Parties
Claimant (wife): B.J.; Respondent (husband): K.C.W.J.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 September 2015
Procedural Posture
Family Law Support / Interim Application for Interim and Retroactive Child and Spousal Support
Outcome
Interim relief granted to claimant: interim child and spousal support awarded; retroactive child support awarded; retroactive spousal support deferred to trial; non-disclosure penalty and costs awarded to claimant.
Legal Topics
Child Support, Spousal Support, Financial Disclosure, Retroactive Support, Interim Relief
Source Language
english
Family Law Support Child Support Spousal Support Financial Disclosure Retroactive Support Interim Relief

Source-derived case record

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Parties

B.J.

Claimant (wife)

K.C.W.J.

Respondent (husband)

Procedural Posture

Family Law Support / Interim Application for Interim and Retroactive Child and Spousal Support

Legal Issues

  1. 1 Whether a binding settlement agreement existed between the parties
  2. 2 Proper determination of respondent's income for Guideline calculations
  3. 3 Appropriate interim child and spousal support amounts and retroactive child support

Ratio Decidendi

No binding settlement was found; respondent failed to provide adequate financial disclosure and his income was determined on the claimant's revised calculations. On an interim without prejudice basis and assuming 50/50 parenting time, the court ordered monthly child support of $3,764 and monthly spousal support of $6,487 commencing January 1, 2015, awarded specified retroactive child support amounts for 2012 to mid-2015, deferred determination of retroactive spousal support to trial, ordered payment of $2,000 for non-disclosure under s.213(2)(d)(ii), and awarded costs to the claimant payable forthwith.

Court Disposition

Interim relief granted to claimant: interim child and spousal support awarded; retroactive child support awarded; retroactive spousal support deferred to trial; non-disclosure penalty and costs awarded to claimant.

Orders

  • Respondent to provide list of documents by August 3, 2015 as previously ordered
  • Interim child support payable by respondent commencing January 1, 2015 in the amount of $3,764 per month