S.E.C. v. D.C.G.

S.E.C. v. D.C.G.

The 1986 Agreement and the 1997 Amendment did not bar the mother's claim; amendments to s.93 permit retroactive orders; the father's incomplete and misleading disclosure and breach of the 1986 Agreement justified exercising discretion to award retroactive child support. The court calculated retroactive awards by...

Source-derived case information.

Citation
2003 BCSC 896
Parties
Plaintiff (mother): S.E.C.; Defendant (father): D.C.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 June 2003
Procedural Posture
Family Law Child Support / Trial Reasons for Judgment (final Determination)
Outcome
Judgment for plaintiff. Retroactive child support awarded; partial repayment ordered for interim overpayments; future monthly support ordered based on imputed income.
Legal Topics
Retroactive Child Support, Enforceability of Private Support Agreements, Effect of Statutory Amendments on Retroactivity, Financial Disclosure Obligations, Imputation of Income, Variation of Interim Orders
Source Language
english
Family Law Child Support Contract Law Statutory Interpretation Tax/financial Disclosure Retroactive Child Support Enforceability of Private Support Agreements Effect of Statutory Amendments on Retroactivity +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

S.E.C.

Plaintiff (mother)

D.C.G.

Defendant (father)

Procedural Posture

Family Law Child Support / Trial Reasons for Judgment (final Determination)

Legal Issues

  1. 1 Whether 1986 agreement or 1997 amendment preclude mother's claim for retroactive child support
  2. 2 Whether s.93(5)(d) or predecessor provisions bar retroactive awards
  3. 3 Whether father's financial disclosure and conduct justify retroactive relief

Ratio Decidendi

The 1986 Agreement and the 1997 Amendment did not bar the mother's claim; amendments to s.93 permit retroactive orders; the father's incomplete and misleading disclosure and breach of the 1986 Agreement justified exercising discretion to award retroactive child support. The court calculated retroactive awards by applying Guidelines for 1997-2000 and a reasoned assessment for 1986-1996, found overpayment for 2002 requiring partial repayment, imputed income for 2003 at $700,000 and set future monthly support accordingly.

Court Disposition

Judgment for plaintiff. Retroactive child support awarded; partial repayment ordered for interim overpayments; future monthly support ordered based on imputed income.

Orders

  • Father to pay lump sum retroactive child support of $755,122 CAD (inclusive of interest) to mother
  • Apply credit to retroactive award of $113,280 CAD for amounts paid under Interim Order