Armstrong v. Armstrong

Armstrong v. Armstrong

Applying the D.B.S. framework the court found no retroactive award was warranted because the respondent was not blameworthy given uncertainty about corporate and personal income until late 2011, his $400 monthly payments were reasonable in light of information available, the children's circumstances did not justify...

Source-derived case information.

Citation
2012 BCSC 419
Parties
Claimant: Joanne Armstrong; Respondent: Brett Armstrong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 March 2012
Procedural Posture
Family Law – Child Support and Maintenance / Supplementary Reasons for Judgment on Retroactive Maintenance After Trial Judgment on Child Support and Imputed Income
Outcome
Claimant's application for retroactive child support denied; ongoing child support assessed in the order of $596 per month; claimant awarded costs of the application.
Legal Topics
Retroactive Child Support, Imputation of Income, Blameworthy Conduct, Effective Notice, Hardship, Child Expenses (s.7)
Source Language
english
Family Law Child Support Maintenance Family Procedure Costs Retroactive Child Support Imputation of Income Blameworthy Conduct +3 more

Source-derived case record

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Parties

Joanne Armstrong

Claimant

Brett Armstrong

Respondent

Procedural Posture

Family Law – Child Support and Maintenance / Supplementary Reasons for Judgment on Retroactive Maintenance After Trial Judgment on Child Support and Imputed Income

Legal Issues

  1. 1 Whether retroactive child support should be ordered to October 2010
  2. 2 Whether respondent engaged in blameworthy conduct by failing to disclose financial information or to increase payments
  3. 3 Whether the children's circumstances justify retroactive relief

Ratio Decidendi

Applying the D.B.S. framework the court found no retroactive award was warranted because the respondent was not blameworthy given uncertainty about corporate and personal income until late 2011, his $400 monthly payments were reasonable in light of information available, the children's circumstances did not justify retroactivity and hardship was not established; therefore retroactive support to October 2010 was denied.

Court Disposition

Claimant's application for retroactive child support denied; ongoing child support assessed in the order of $596 per month; claimant awarded costs of the application.

Orders

  • Retroactive child support denied.
  • Respondent's ongoing child support obligation fixed at $596 per month.