S.L.R. v. C.D.R.

S.L.R. v. C.D.R.

Given the applicant's delay and the principle that retroactivity is normally from the date of the notice of motion, but recognizing the income disparity and partial non-disclosure, the Court allowed an increase in child support retroactive only to January 1, 2002, upheld crediting of voluntary and extracurricular...

Source-derived case information.

Citation
2003 BCCA 528
Parties
Respondent (plaintiff): S.L.R.; Appellant (defendant): C.D.R.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
23 September 2003
Procedural Posture
Child Support (family Law) / Appeal From Chambers Order (court of Appeal)
Outcome
Appeal allowed in part: varied the retroactivity start date to January 1, 2002; otherwise the chambers order was confirmed; costs to be borne by each party.
Legal Topics
Retroactive Child Support, Income Disclosure, Delay and Notice, Credit for Extra Payments, Variation of Support
Source Language
english
Family Law Child Support Procedure Retroactive Child Support Income Disclosure Delay and Notice Credit for Extra Payments Variation of Support

Source-derived case record

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Parties

S.L.R.

Respondent (plaintiff)

C.D.R.

Appellant (defendant)

Procedural Posture

Child Support (family Law) / Appeal From Chambers Order (court of Appeal)

Legal Issues

  1. 1 Whether retroactive child support should be ordered and the proper start date for retroactivity
  2. 2 What income should be applied to guideline calculations for the relevant years
  3. 3 Whether delay by the applicant precludes retroactivity

Ratio Decidendi

Given the applicant's delay and the principle that retroactivity is normally from the date of the notice of motion, but recognizing the income disparity and partial non-disclosure, the Court allowed an increase in child support retroactive only to January 1, 2002, upheld crediting of voluntary and extracurricular payments, and required disclosure of tax returns while a child remains eligible for support.

Court Disposition

Appeal allowed in part: varied the retroactivity start date to January 1, 2002; otherwise the chambers order was confirmed; costs to be borne by each party.

Orders

  • Vary the chambers order by setting the date of retroactivity to January 1, 2002.
  • All other terms of the chambers order to stand, including credit to the appellant for amounts actually paid and for extracurricular payments over and above ordered support.