L.R.V. v. A.A.V.

L.R.V. v. A.A.V.

The 1996 U.S. child support order was not registered under the Family Relations Act and did not operate as a BC order; the application is treated as an original application under the Divorce Act and the Federal Child Support Guidelines apply; for present support the father's income for Guidelines is assessed at $1,003,505 CAD under s.16 (permanent employment change) producing a table amount of $6,541/month effective January 1, 2003; the mother’s income is imputed at $30,000; private school costs to be shared proportionally under s.7; retroactive assessment for 1999–2002 used averaged income for those years and, applying s.4 analysis, the court fixed retroactive monthly support at $8,000...

Citation
2003 BCSC 1886
Parties
Petitioner: L.R.V.; Respondent: A.A.V.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 December 2003
Procedural Posture
Child Support (divorce Act) / Application Decided (reasons for Judgment)
Outcome
Application granted in part: Guidelines applied; present support ordered and retroactive support awarded
Legal Topics
Child Support Guidelines, Registration of Foreign Orders, Income Assessment and Averaging, High Income Payors (s.4), Extraordinary Expenses (s.7), Estoppel, Retroactivity
Source Language
English
Family Law Child Support Jurisdiction Retroactive Relief Child Support Guidelines Registration of Foreign Orders Income Assessment and Averaging High Income Payors (s.4) +3 more

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Parties

L.R.V.

Petitioner

A.A.V.

Respondent

Procedural Posture

Child Support (divorce Act) / Application Decided (reasons for Judgment)

Legal Issues

  1. 1 Whether a 1996 U.S. child support order was registered in British Columbia under the Family Relations Act
  2. 2 Whether the BC court is estopped from denying registration
  3. 3 Which statute applies (Divorce Act or Family Relations Act)

Ratio Decidendi

The 1996 U.S. child support order was not registered under the Family Relations Act and did not operate as a BC order; the application is treated as an original application under the Divorce Act and the Federal Child Support Guidelines apply; for present support the father's income for Guidelines is assessed at $1,003,505 CAD under s.16 (permanent employment change) producing a table amount of $6,541/month effective January 1, 2003; the mother’s income is imputed at $30,000; private school costs to be shared proportionally under s.7; retroactive assessment for 1999–2002 used averaged income for those years and, applying s.4 analysis, the court fixed retroactive monthly support at $8,000...

Court Disposition

Application granted in part: Guidelines applied; present support ordered and retroactive support awarded

Orders

  • Father to pay $6,541 CAD per month in child support effective January 1, 2003
  • Private school expenses (tuition, uniforms, field trips, special costs) to be shared by parents in proportion to their Guidelines incomes