Soca v. Soca

Soca v. Soca

Applicant failed to meet the heavy onus: he did not provide sufficient documentary financial disclosure or evidence of a significant, long‑lasting, non‑voluntary inability to pay; therefore variation or cancellation of arrears was not warranted. Court reduced arrears only by determining when the two younger daughters ceased to be children of the marriage: Cibele as of January 1991 and Geraldine as of October 1994; counsel to calculate precise arrears and court to enter declaration of arrears; respondent awarded costs.

Citation
2000 BCSC 224
Parties
Plaintiff/respondent: Bridgette Soca; Defendant/applicant: Oscar Eduardo Soca
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 February 2000
Procedural Posture
Divorce/family Child Support and Maintenance Enforcement / Chambers Application for Variation of Support and Cancellation of Arrears
Outcome
Application dismissed except to the extent arrears were reduced to reflect the periods during which the daughters were dependents (Cibele until January 1991; Geraldine until October 1994); declaration of arrears to be entered; respondent awarded costs.
Legal Topics
Variation of Support Orders, Cancellation/reduction of Arrears, Change of Circumstances, Dependency and Majority, Delay and Prejudice, Disclosure of Financial Information
Source Language
English
Family Law Divorce Child Support Maintenance Enforcement Bankruptcy (contextual) Variation of Support Orders Cancellation/reduction of Arrears Change of Circumstances +3 more

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Parties

Bridgette Soca

Plaintiff/respondent

Oscar Eduardo Soca

Defendant/applicant

Procedural Posture

Divorce/family Child Support and Maintenance Enforcement / Chambers Application for Variation of Support and Cancellation of Arrears

Legal Issues

  1. 1 Whether the applicant established a significant and long‑lasting change in circumstances to warrant variation of the child support order
  2. 2 Whether arrears should be reduced or cancelled given alleged payments, bankruptcy and delay
  3. 3 When each daughter ceased to be a 'child of the marriage' under the Divorce Act

Ratio Decidendi

Applicant failed to meet the heavy onus: he did not provide sufficient documentary financial disclosure or evidence of a significant, long‑lasting, non‑voluntary inability to pay; therefore variation or cancellation of arrears was not warranted. Court reduced arrears only by determining when the two younger daughters ceased to be children of the marriage: Cibele as of January 1991 and Geraldine as of October 1994; counsel to calculate precise arrears and court to enter declaration of arrears; respondent awarded costs.

Court Disposition

Application dismissed except to the extent arrears were reduced to reflect the periods during which the daughters were dependents (Cibele until January 1991; Geraldine until October 1994); declaration of arrears to be entered; respondent awarded costs.

Orders

  • Reduce the Director's claimed arrears to reflect dependency end dates: Cibele January 1991 and Geraldine October 1994
  • Leave counsel to agree on the calculation of arrears based on those dependency end dates and file calculation with the court