R.M. v. A.M.

R.M. v. A.M.

The court found on the evidence that the eldest child remains a child of the marriage who cannot withdraw from parental charge; the usual Guidelines table amount remains appropriate despite attendance at university away from home because the custodial parent (claimant) continues to materially subsidize the child and the respondent has ample means; accordingly the application to reduce child support was dismissed and the table amount under the final order continues to apply.

Citation
2018 BCSC 318
Parties
Claimant: R.M.; Respondent: A.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 March 2018
Procedural Posture
Family Law Child and Spousal Support / Review of Child Support Quantum Under Final Order (post Secondary Review)
Outcome
Application to reduce child support dismissed; claimant awarded costs
Legal Topics
Post Secondary Educational Support, Federal Child Support Guidelines S.3(2)(b), Review Vs Variation, Wesemann Four Stage Test, Farden Factors, Costs
Source Language
English
Family Law Child Support Spousal Support Divorce Civil Procedure Post Secondary Educational Support Federal Child Support Guidelines S.3(2)(b) Review Vs Variation +3 more

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Parties

R.M.

Claimant

A.M.

Respondent

Procedural Posture

Family Law Child and Spousal Support / Review of Child Support Quantum Under Final Order (post Secondary Review)

Legal Issues

  1. 1 Whether an adult child attending post-secondary education away from home remains a "child of the marriage"
  2. 2 Whether the usual Guidelines table amount is inappropriate under s.3(2)(b) for this child
  3. 3 Whether child support should be reduced given final order allocation of post-secondary expenses

Ratio Decidendi

The court found on the evidence that the eldest child remains a child of the marriage who cannot withdraw from parental charge; the usual Guidelines table amount remains appropriate despite attendance at university away from home because the custodial parent (claimant) continues to materially subsidize the child and the respondent has ample means; accordingly the application to reduce child support was dismissed and the table amount under the final order continues to apply.

Court Disposition

Application to reduce child support dismissed; claimant awarded costs

Orders

  • Application to reduce child support dismissed
  • Claimant awarded costs of the application payable by the respondent forthwith after assessment as a matter of ordinary difficulty