D.W. v. L.R.

D.W. v. L.R.

The 2005 Order is varied effective September 1, 2007: the court imputed Guideline incomes of CAD 100,000 to each party from that date, found s.9 applicable and ordered that basic child support and s.7 special expenses be shared equally from September 1, 2007 (and prospectively), held private school tuition to be a legitimate s.7 expense to be shared equally, required the parties to account and reconcile payments and any arrears to be paid forthwith, removed the annual review requirement, and ordered equal sharing of the Child Tax Benefit commencing January 1, 2007 with alternate tax dependency claims annually.

Citation
2008 BCSC 1115
Parties
Plaintiff (father): D.W.; Defendant (mother): L.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 August 2008
Procedural Posture
Family Law Child Support and Special Expenses Variation / Judgment on Motion/application
Outcome
Application granted in part: 2005 Order varied as set out below.
Legal Topics
Section 9 Shared Custody Calculation, Section 7 Special Expenses, Variation of Consent Order, Retroactive Support Determination, Child Tax Benefit Allocation, Imputed Income
Source Language
English
Family Law Child Support Custody and Access Income Imputation Section 9 Shared Custody Calculation Section 7 Special Expenses Variation of Consent Order Retroactive Support Determination +2 more

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Parties

D.W.

Plaintiff (father)

L.R.

Defendant (mother)

Procedural Posture

Family Law Child Support and Special Expenses Variation / Judgment on Motion/application

Legal Issues

  1. 1 Whether s.9 of the Federal Child Support Guidelines applies given the parties' shared parenting time and the correct date for the change in obligations
  2. 2 Whether and what Guideline incomes should be imputed to the parties
  3. 3 Whether private school tuition and other claimed items qualify as s.7 special expenses and how they should be apportioned

Ratio Decidendi

The 2005 Order is varied effective September 1, 2007: the court imputed Guideline incomes of CAD 100,000 to each party from that date, found s.9 applicable and ordered that basic child support and s.7 special expenses be shared equally from September 1, 2007 (and prospectively), held private school tuition to be a legitimate s.7 expense to be shared equally, required the parties to account and reconcile payments and any arrears to be paid forthwith, removed the annual review requirement, and ordered equal sharing of the Child Tax Benefit commencing January 1, 2007 with alternate tax dependency claims annually.

Court Disposition

Application granted in part: 2005 Order varied as set out below.

Orders

  • 2005 Order varied effective September 1, 2007.
  • From September 1, 2007 Guideline incomes of CAD 100000 are imputed to both parties for child support purposes.