Suian v. Suian

Suian v. Suian

The payor's income reduction was a material change in circumstances, but the payee failed to meet the high s.10 threshold of 'undue hardship' to justify maintaining an order above the Guideline amount; accordingly maintenance is reduced prospectively to the Guideline amount of $374 per month and not made retroactive.

Citation
2002 BCSC 902
Parties
Plaintiff / Payee: Cindy Marie Louise Suian; Defendant / Applicant / Payor: David Miles Suian
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 June 2002
Procedural Posture
Family Law Child Support Variation / Hearing on Application to Vary Child Maintenance
Outcome
Application granted in part
Legal Topics
Variation of Child Support, Undue Hardship Under S.10 of the Federal Child Support Guidelines, Material Change of Circumstances, Tax Deductibility Impact
Source Language
English
Family Law Child Support Statutory Interpretation Variation of Child Support Undue Hardship Under S.10 of the Federal Child Support Guidelines Material Change of Circumstances Tax Deductibility Impact

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Parties

Cindy Marie Louise Suian

Plaintiff / Payee

David Miles Suian

Defendant / Applicant / Payor

Procedural Posture

Family Law Child Support Variation / Hearing on Application to Vary Child Maintenance

Legal Issues

  1. 1 Whether the payor's reduction in income constitutes a material change of circumstances
  2. 2 Whether s.10 of the Federal Child Support Guidelines authorizes departure from the Guideline amount because reduction would cause undue hardship
  3. 3 Whether any variation should be retroactive

Ratio Decidendi

The payor's income reduction was a material change in circumstances, but the payee failed to meet the high s.10 threshold of 'undue hardship' to justify maintaining an order above the Guideline amount; accordingly maintenance is reduced prospectively to the Guideline amount of $374 per month and not made retroactive.

Court Disposition

Application granted in part

Orders

  • Monthly child maintenance reduced from $825 to $374 commencing with the next monthly payment.
  • No retroactive reduction; orders are prospective only.