Van Deventer v. Van Deventer

Van Deventer v. Van Deventer

The Court concluded the trial judge misapprehended banking evidence and respondent's income was $78,000/year; accordingly guideline child support for two children is $1,005/month and respondent must also contribute $250/month toward s.7 childcare and private school expenses, for a total of $1,255/month starting Jan 1, 1999; arrears of $12,844 are payable from the first proceeds of the buy-sell agreement; spousal support was remitted to the Supreme Court for determination due to outdated financial material.

Citation
2000 BCCA 9
Parties
Petitioner/respondent: Stephen Van Deventer; Respondent/appellant: Camille Van Deventer
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
12 January 2000
Procedural Posture
Family Law Divorce and Support (appeal) / Appeal to Court of Appeal for British Columbia (judgment)
Outcome
Appeal allowed in part and varied: increased child support and ordered contribution to s.7 expenses; spousal support remitted to Supreme Court; costs to appellant.
Legal Topics
Federal Child Support Guidelines, Section 7 Special or Extraordinary Expenses, Income Determination for Support, Remittal of Issues to Trial Court
Source Language
English
Family Law Child Support Spousal Support Civil Procedure Federal Child Support Guidelines Section 7 Special or Extraordinary Expenses Income Determination for Support Remittal of Issues to Trial Court

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Parties

Stephen Van Deventer

Petitioner/respondent

Camille Van Deventer

Respondent/appellant

Procedural Posture

Family Law Divorce and Support (appeal) / Appeal to Court of Appeal for British Columbia (judgment)

Legal Issues

  1. 1 Whether the trial judge erred in determining respondent's income for child support purposes
  2. 2 Whether child care and private school expenses under s.7 of the Federal Child Support Guidelines are necessary and reasonable and should be shared
  3. 3 Whether spousal support should be ordered or remitted

Ratio Decidendi

The Court concluded the trial judge misapprehended banking evidence and respondent's income was $78,000/year; accordingly guideline child support for two children is $1,005/month and respondent must also contribute $250/month toward s.7 childcare and private school expenses, for a total of $1,255/month starting Jan 1, 1999; arrears of $12,844 are payable from the first proceeds of the buy-sell agreement; spousal support was remitted to the Supreme Court for determination due to outdated financial material.

Court Disposition

Appeal allowed in part and varied: increased child support and ordered contribution to s.7 expenses; spousal support remitted to Supreme Court; costs to appellant.

Orders

  • Respondent to pay child support of $1,005 per month for two children commencing January 1, 1999 and payable on the first day of each month thereafter
  • Respondent to pay an additional $250 per month for special s.7 expenses (childcare and private school) commencing January 1, 1999, for a total of $1,255 per month