Hadjioannou v. Hadjioannou

Hadjioannou v. Hadjioannou

On the available evidence the court imputed the mother's annual income at $21,000 (2013 income taken as $11,643) for child support purposes, ordered child support retroactive to December 2013 computed from those figures (current guideline amount $454/month at $21,000), limited s.7 recoverable past expenses to medical, dental and counselling totalling $7,890 with the mother liable for 31% ($2,446), set spousal support at the SSAG mid-level of $457/month, found the mother in contempt for withholding the children August 15–19, 2015 and ordered her to pay $1,000 into trust within 60 days purgeable after one year free of breach, denied the father's second application for full recovery in this...

Citation
2016 BCSC 1302
Parties
Claimant: Melissa Claudette Hadjioannou; Respondent: Athanasios Hadjioannou
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 July 2016
Procedural Posture
Family Law / Application Hearing (post Trial Enforcement and Variation)
Outcome
Application partly granted and partly denied: income imputed; child support ordered retroactive to Dec 2013; limited s.7 contributions ordered; spousal support varied to $457/month; contempt found and conditional monetary sanction imposed; exclusion application regarding Mr. Bazinet denied but reporting requirement...
Legal Topics
Parenting Time and Exchanges, Imputation of Income, Special or Extraordinary Expenses (s.7), Retroactive Child Support, Spousal Support Variation (ssag), Contempt of Court, Enforcement and Registration of Orders, Third Party Exclusion Orders
Source Language
English
Family Law Child Support Spousal Support Contempt Enforcement Custody and Parenting Relocation Parenting Time and Exchanges +7 more

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Parties

Melissa Claudette Hadjioannou

Claimant

Athanasios Hadjioannou

Respondent

Procedural Posture

Family Law / Application Hearing (post Trial Enforcement and Variation)

Legal Issues

  1. 1 Whether to impute income to the mother for child support purposes
  2. 2 Whether child support should be ordered retroactive to December 1, 2013 and how to calculate it
  3. 3 Which claimed expenses qualify as s.7 special or extraordinary expenses and the parties' proportionate shares

Ratio Decidendi

On the available evidence the court imputed the mother's annual income at $21,000 (2013 income taken as $11,643) for child support purposes, ordered child support retroactive to December 2013 computed from those figures (current guideline amount $454/month at $21,000), limited s.7 recoverable past expenses to medical, dental and counselling totalling $7,890 with the mother liable for 31% ($2,446), set spousal support at the SSAG mid-level of $457/month, found the mother in contempt for withholding the children August 15–19, 2015 and ordered her to pay $1,000 into trust within 60 days purgeable after one year free of breach, denied the father's second application for full recovery in this...

Court Disposition

Application partly granted and partly denied: income imputed; child support ordered retroactive to Dec 2013; limited s.7 contributions ordered; spousal support varied to $457/month; contempt found and conditional monetary sanction imposed; exclusion application regarding Mr. Bazinet denied but reporting requirement...

Orders

  • Impute annual income for Melissa Hadjioannou at $21,000 and use $11,643 for December 2013 calculations
  • Order child support from December 1, 2013 retroactive based on imputed incomes (December 2013 at $11,643; thereafter $21,000) with parties to calculate and set off against father's arrears