Metzner v. Metzner

Metzner v. Metzner

Remand required applying Francis v. Baker; Saunders J. did not err in applying the Federal Child Support Guidelines to the children's actual living conditions despite the existing custody order and s.17(6.2) considerations; there is a presumption in favour of the Table amount ($12,359 per month for two children) and no clear and compelling evidence justified deviation; the court on review must use the income information available to the chambers judge (1997) and cannot substitute later known income (1998) on this rehearing; order affirmed with variation to the Table amount payment commencing 10 October 1997.

Citation
2000 BCCA 474
Parties
Petitioner (respondent/wife): Martha Metzner; Respondent (appellant/husband): Louis Metzner
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
21 August 2000
Procedural Posture
Divorce — Child Support Variation on Appeal / Court of Appeal Rehearing on Remand From the Supreme Court of Canada
Outcome
Appeal allowed in part; chambers judge's application of the Guidelines upheld; child support ordered at Guidelines Table amount of $12,359 per month for two children commencing 10 October 1997; earlier Court of Appeal orders of 8 July 1999 and 21 January 2000 set aside.
Legal Topics
Federal Child Support Guidelines, Variation of Support, Remand Procedure, Section 17(6.2) Divorce Act, Application of Francis V. Baker
Source Language
English
Family Law Child Support Divorce Custody Federal Child Support Guidelines Variation of Support Remand Procedure Section 17(6.2) Divorce Act +1 more

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Parties

Martha Metzner

Petitioner (respondent/wife)

Louis Metzner

Respondent (appellant/husband)

Procedural Posture

Divorce — Child Support Variation on Appeal / Court of Appeal Rehearing on Remand From the Supreme Court of Canada

Legal Issues

  1. 1 Scope and effect of the Supreme Court of Canada remand
  2. 2 Whether the Federal Child Support Guidelines apply despite an existing custody order and s.17(6.2) special provisions
  3. 3 Whether chambers judge erred in applying the Guidelines

Ratio Decidendi

Remand required applying Francis v. Baker; Saunders J. did not err in applying the Federal Child Support Guidelines to the children's actual living conditions despite the existing custody order and s.17(6.2) considerations; there is a presumption in favour of the Table amount ($12,359 per month for two children) and no clear and compelling evidence justified deviation; the court on review must use the income information available to the chambers judge (1997) and cannot substitute later known income (1998) on this rehearing; order affirmed with variation to the Table amount payment commencing 10 October 1997.

Court Disposition

Appeal allowed in part; chambers judge's application of the Guidelines upheld; child support ordered at Guidelines Table amount of $12,359 per month for two children commencing 10 October 1997; earlier Court of Appeal orders of 8 July 1999 and 21 January 2000 set aside.

Orders

  • Child support in accordance with the Federal Child Support Guidelines: $12,359 per month for two children, commencing 10 October 1997
  • Set aside this Court's orders dated 8 July 1999 and 21 January 2000