C.A.P. v. D.S.E.

C.A.P. v. D.S.E.

The defendant's child support obligation is the Guidelines amount for three children based on his preceding year's line 150 T1 income, effective May 1 of each year; no reduction of that obligation was warranted due to payments by another father, overpayments will be credited against extraordinary orthodontic...

Source-derived case information.

Citation
2003 BCSC 650
Parties
Plaintiff: C.A.P.; Defendant: D.S.E.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 April 2003
Procedural Posture
Family Law Child Support / Hearing/reasons for Judgment (march 28, 2003)
Outcome
Application partly granted and partly dismissed: defendant ordered to disclose tax returns and assessments and to pay child support in accordance with the Guidelines based on preceding year's line 150 income effective May 1 each year; defendant's requested reductions and seasonal relief denied; orthodontic expenses...
Legal Topics
Income Determination Under Guidelines, Retroactive Variation, Offsets for Support Paid by Other Payor, Disclosure of Income Tax Returns, Maintenance of Benefits, Seasonal Unemployment and Support
Source Language
english
Family Law Child Support Extraordinary Expenses Child Support Enforcement Income Determination Under Guidelines Retroactive Variation Offsets for Support Paid by Other Payor Disclosure of Income Tax Returns +2 more

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Parties

C.A.P.

Plaintiff

D.S.E.

Defendant

Procedural Posture

Family Law Child Support / Hearing/reasons for Judgment (march 28, 2003)

Legal Issues

  1. 1 Determination of defendant's Guidelines income for each year since 1999
  2. 2 Whether defendant is entitled to a deduction/offset for $200/month paid by another biological father since May 2000
  3. 3 Whether retroactive adjustments and credits for alleged overpayments are appropriate

Ratio Decidendi

The defendant's child support obligation is the Guidelines amount for three children based on his preceding year's line 150 T1 income, effective May 1 of each year; no reduction of that obligation was warranted due to payments by another father, overpayments will be credited against extraordinary orthodontic expenses, parties must disclose tax returns and assessments, and the defendant must maintain benefits while he is entitled to do so.

Court Disposition

Application partly granted and partly dismissed: defendant ordered to disclose tax returns and assessments and to pay child support in accordance with the Guidelines based on preceding year's line 150 income effective May 1 each year; defendant's requested reductions and seasonal relief denied; orthodontic expenses...

Orders

  • Defendant to provide T1 income tax returns as filed for 2000 and 2001 forthwith and for 2002 and subsequent years by the annual filing deadline and to provide income tax assessment notices within two weeks of receipt.
  • Child support set at the Guidelines amount for three children based on defendant's preceding year's line 150 income, adjusted retroactively and prospectively effective May 1 of each year.