L.J.M. v. B.B.F.

L.J.M. v. B.B.F.

Respondent was blameworthy for failing to adjust support despite increased income and not complying with the agreement's review/accounting process; claimant offered no adequate excuse for delay but respondent's conduct outweighs that delay; retroactive period set to 2009 pursuant to three-year guideline from first...

Source-derived case information.

Citation
2013 BCSC 956
Parties
Claimant: L.J.M.; Respondent: B.B.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 May 2013
Procedural Posture
Application to Vary Child Support and Parenting Time / Reasons for Judgment
Outcome
Claimant's application granted in part; respondent's application to vary parenting time and to reduce/eliminate support dismissed
Legal Topics
Retroactive Child Support, Section 7 Expenses, Federal Child Support Guidelines S.9, Separation Agreement Enforcement, Parenting Time Dispute
Source Language
english
Family Law Child Support Parenting and Custody Contract Enforcement Retroactive Child Support Section 7 Expenses Federal Child Support Guidelines S.9 Separation Agreement Enforcement +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

L.J.M.

Claimant

B.B.F.

Respondent

Procedural Posture

Application to Vary Child Support and Parenting Time / Reasons for Judgment

Legal Issues

  1. 1 Whether respondent's income for Guidelines purposes should be adjusted and basic Table support recalculated
  2. 2 Whether specified expenses qualify as Section 7 special or extraordinary expenses and the respondent's obligation to contribute one-half
  3. 3 Whether a retroactive award of child support and Section 7 contributions should be made and over what period

Ratio Decidendi

Respondent was blameworthy for failing to adjust support despite increased income and not complying with the agreement's review/accounting process; claimant offered no adequate excuse for delay but respondent's conduct outweighs that delay; retroactive period set to 2009 pursuant to three-year guideline from first demand (April 2011); claimant entitled to retroactive basic support of $7,524 and s.7 contributions of $11,423.85; respondent's application to reduce/eliminate support dismissed and parenting application failed.

Court Disposition

Claimant's application granted in part; respondent's application to vary parenting time and to reduce/eliminate support dismissed

Orders

  • Respondent declared in arrears of basic child support in the sum of $7,524
  • Respondent declared in arrears for Section 7 expenses in the sum of $11,423.85