Bockhold v. Bockhold

Bockhold v. Bockhold

Appeal dismissed: where a child under the age of majority attends university away from home, the Guideline presumption applies and a variation requires demonstration of a material change in circumstances; here the parties reasonably contemplated university and no material change was shown, so the chambers judge's...

Source-derived case information.

Citation
2006 BCCA 472
Parties
Respondent (plaintiff): Teresa Lynn Bockhold; Appellant (defendant): Murray Mitchell Bockhold
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
24 October 2006
Procedural Posture
Family Law Child Support Appeal / Appeal to Court of Appeal From Supreme Court Chambers Decision
Outcome
Appeal dismissed; chambers judge's order affirmed
Legal Topics
Variation of Child Support, Federal Child Support Guidelines, Willick Material Change Test, Children Attending Post Secondary Education Away From Home
Source Language
english
Family Law Child Support Divorce Law Appeal Variation of Child Support Federal Child Support Guidelines Willick Material Change Test Children Attending Post Secondary Education Away From Home

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Parties

Teresa Lynn Bockhold

Respondent (plaintiff)

Murray Mitchell Bockhold

Appellant (defendant)

Procedural Posture

Family Law Child Support Appeal / Appeal to Court of Appeal From Supreme Court Chambers Decision

Legal Issues

  1. 1 Whether an under‑age child leaving home to attend an out‑of‑province university constitutes a change of circumstances under s.14 of the Federal Child Support Guidelines
  2. 2 Whether the Guidelines supplanted the Willick material change threshold for varying child support orders made after April 1997
  3. 3 Whether the chambers judge erred in refusing to vary child support and in refusing fresh evidence

Ratio Decidendi

Appeal dismissed: where a child under the age of majority attends university away from home, the Guideline presumption applies and a variation requires demonstration of a material change in circumstances; here the parties reasonably contemplated university and no material change was shown, so the chambers judge's refusal to vary the $6,000 monthly child support order was correct.

Court Disposition

Appeal dismissed; chambers judge's order affirmed

Orders

  • Appeal dismissed
  • Chambers judge's decision refusing to vary child support order affirmed