M.L.M. v. A.M.

M.L.M. v. A.M.

Given agreed incomes and evidence of prior family spending, the court held that daycare and reasonable hockey expenses qualify as shared child-related expenses and that the modest cost of Japanese school, its cultural and educational value, and prior spending warranted treating it as an extraordinary expense; accordingly the respondent must pay proportionate shares (62%) of daycare, hockey and Japanese school in addition to adjusted guideline support and arrears payments.

Citation
2011 BCSC 428
Parties
Claimant: M.L.M.; Respondent: A.M.; Respondent: T.M.; Respondent: K.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 April 2011
Procedural Posture
Family Law Matrimonial (child Support and Access) / Interim Application (in Chambers)
Outcome
Application granted in part and denied in part; restraining and other interim relief granted; interim support and allocation of specified extraordinary expenses ordered.
Legal Topics
Interim Support Variation, Proportionate Share of Special/extraordinary Expenses, Daycare Cost Allocation, Access Exchange Location and Times, Harassment Restraining Order, Disclosure of Financial Information
Source Language
English
Family Law Child Support Childcare Extraordinary Expenses Access/contact Restraining Orders Financial Disclosure Interim Support Variation +5 more

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Parties

M.L.M.

Claimant

A.M.

Respondent

T.M.

Respondent

K.M.

Respondent

Procedural Posture

Family Law Matrimonial (child Support and Access) / Interim Application (in Chambers)

Legal Issues

  1. 1 Whether interim child support should be varied
  2. 2 Whether respondent must pay proportionate share of childcare costs
  3. 3 Whether specific special or extraordinary expenses (hockey, Japanese school) are payable as s.7 style expenses

Ratio Decidendi

Given agreed incomes and evidence of prior family spending, the court held that daycare and reasonable hockey expenses qualify as shared child-related expenses and that the modest cost of Japanese school, its cultural and educational value, and prior spending warranted treating it as an extraordinary expense; accordingly the respondent must pay proportionate shares (62%) of daycare, hockey and Japanese school in addition to adjusted guideline support and arrears payments.

Court Disposition

Application granted in part and denied in part; restraining and other interim relief granted; interim support and allocation of specified extraordinary expenses ordered.

Orders

  • Restraining order prohibiting M.L.M. from harassing A.M. and enjoining entry to her residence with enforcement by Peace Officers.
  • Order requiring provision of updated financial information.