B.L.F. v. R.M.F.

B.L.F. v. R.M.F.

The court imputed to the respondent income based on company salary and amounts paid to his spouse, reduced unreasonable or duplicated personal business deductions, concluded there was a material change in circumstances and blameworthy non-disclosure/ failure to negotiate, and therefore ordered retroactive child...

Source-derived case information.

Citation
2004 BCSC 856
Parties
Plaintiff: B.L.F.; Defendant: R.M.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 June 2004
Procedural Posture
Family Law Child Support Variation (divorce Act) / Application for Retroactive Variation and S.7 Expenses; Reasons for Judgment
Outcome
Application granted in part: retroactive variation ordered and respondent ordered to contribute to s.7 expenses; respondent ordered to provide financial disclosure and pay costs to applicant.
Legal Topics
Retroactive Child Support, Imputation of Income, S.7 Special Expenses, Disclosure Obligations, Child Support Guidelines
Source Language
english
Family Law Child Support Divorce Act Family Relations Act Corporate Income Attribution Retroactive Child Support Imputation of Income S.7 Special Expenses +2 more

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Parties

B.L.F.

Plaintiff

R.M.F.

Defendant

Procedural Posture

Family Law Child Support Variation (divorce Act) / Application for Retroactive Variation and S.7 Expenses; Reasons for Judgment

Legal Issues

  1. 1 Whether child support should be varied retroactively under s.17 of the Divorce Act and the parties' 1987 separation agreement
  2. 2 Whether amounts paid by respondent's company to his spouse should be attributed to respondent for Guidelines income
  3. 3 Whether respondent's claimed business deductions should be adjusted for duplication and reasonableness

Ratio Decidendi

The court imputed to the respondent income based on company salary and amounts paid to his spouse, reduced unreasonable or duplicated personal business deductions, concluded there was a material change in circumstances and blameworthy non-disclosure/ failure to negotiate, and therefore ordered retroactive child support from Jan 1, 2000 to June 2004 totalling $17,772, set ongoing monthly support at $678, and ordered proportionate contribution to approved s.7 expenses and full financial disclosure.

Court Disposition

Application granted in part: retroactive variation ordered and respondent ordered to contribute to s.7 expenses; respondent ordered to provide financial disclosure and pay costs to applicant.

Orders

  • Respondent ordered to pay accumulated retroactive child support for Jan 1, 2000 to June 2004 in the amount of $17,772.
  • Respondent's ongoing monthly child support obligation set at $678 per month.