T.S.S. v. G.T.M.

T.S.S. v. G.T.M.

The court approved a consent/desk order setting child support below the Schedule 1 Guideline amount because the custodial parent's affidavit demonstrated a binding settlement between parties, credible grounds that a hardship application would likely succeed given the payor's changed family circumstances, and an agreed mechanism to pay accrued arrears from trust funds; such evidence sufficed to justify deviation although it is preferable for such matters to be placed on the Chambers list and argued.

Citation
2005 BCSC 970
Parties
Plaintiff (custodial Parent): T.S.S.; Defendant (payor): G.T.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 June 2005
Procedural Posture
Family Law Child Support / Desk Order Approval (consent Order)
Outcome
Consent order approved: child support set below Schedule 1 amount based on affidavit and settlement evidence.
Legal Topics
Child Support Deviation, Consent Order, Hardship Application, Federal Child Support Guidelines
Source Language
English
Family Law Child Support Child Support Deviation Consent Order Hardship Application Federal Child Support Guidelines

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Parties

T.S.S.

Plaintiff (custodial Parent)

G.T.M.

Defendant (payor)

Procedural Posture

Family Law Child Support / Desk Order Approval (consent Order)

Legal Issues

  1. 1 Whether court may approve child support less than amount in Schedule 1 of the Federal Child Support Guidelines
  2. 2 Whether the affidavit and settlement evidence provide adequate basis for deviation from the Guidelines
  3. 3 Procedural expectation whether consent orders reducing guideline support should be dealt with on Chambers list and spoken to

Ratio Decidendi

The court approved a consent/desk order setting child support below the Schedule 1 Guideline amount because the custodial parent's affidavit demonstrated a binding settlement between parties, credible grounds that a hardship application would likely succeed given the payor's changed family circumstances, and an agreed mechanism to pay accrued arrears from trust funds; such evidence sufficed to justify deviation although it is preferable for such matters to be placed on the Chambers list and argued.

Court Disposition

Consent order approved: child support set below Schedule 1 amount based on affidavit and settlement evidence.

Orders

  • Child support payable in the amount of $225 per month.
  • Accrued child support arrears to be paid in full from funds held in trust once the terms of the settlement agreement are carried out.