B.A.S. v. R.M.S.

B.A.S. v. R.M.S.

Applicant failed to meet the heavy onus required to vary child support or to cancel/reduce arrears because he did not establish a material, significant and long‑lasting change of circumstances with full and frank disclosure; child support remained at $500/month (reduction to $500 in future rather than increase to...

Source-derived case information.

Citation
2004 BCSC 693
Parties
Plaintiff: B.A.S.; Defendant: R.M.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 May 2004
Procedural Posture
Family Law Variation of Support Orders (divorce) / Chambers Motion for Variation of Consent Order (hearing May 19, 2004)
Outcome
Application dismissed in part and granted in part: child support variation denied (remains $500/month); spousal support reduced as to arrears (total spousal support fixed at $40,800); repayment schedule and disclosure orders made; costs awarded to plaintiff.
Legal Topics
Variation of Support Orders, Cancellation/reduction of Arrears, Full and Frank Financial Disclosure, Application of Child Support Guidelines, Onus in Variation Proceedings
Source Language
english
Family Law Divorce Child Support Spousal Support Procedural Law Variation of Orders Variation of Support Orders Cancellation/reduction of Arrears Full and Frank Financial Disclosure +2 more

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Parties

B.A.S.

Plaintiff

R.M.S.

Defendant

Procedural Posture

Family Law Variation of Support Orders (divorce) / Chambers Motion for Variation of Consent Order (hearing May 19, 2004)

Legal Issues

  1. 1 Whether there was a material and long‑lasting change of circumstances to vary child support under s.17(4) of the Divorce Act
  2. 2 Whether arrears of child and spousal support should be reduced or cancelled
  3. 3 Whether spousal support payable under the consent order should be varied given the evidence of changed income and incomplete disclosure

Ratio Decidendi

Applicant failed to meet the heavy onus required to vary child support or to cancel/reduce arrears because he did not establish a material, significant and long‑lasting change of circumstances with full and frank disclosure; child support remained at $500/month (reduction to $500 in future rather than increase to $1,000) and spousal support arrears were reduced to a total of $40,800 reflecting a concluded variation of the spousal support component; arrears were fixed subject to verification of payments and a defined repayment schedule was ordered.

Court Disposition

Application dismissed in part and granted in part: child support variation denied (remains $500/month); spousal support reduced as to arrears (total spousal support fixed at $40,800); repayment schedule and disclosure orders made; costs awarded to plaintiff.

Orders

  • Child support varied prospectively to $500 per month until the children cease to be children of the marriage as defined by the Divorce Act
  • Spousal support payable since the Order is fixed at $40,800 in total