E.A.B. v. C.B.B.

E.A.B. v. C.B.B.

The court found a material change in circumstances (return of eldest child and income changes), applied the Farden factors and concluded the 20‑year‑old full‑time student remained a child of the marriage; the respondent's fluctuating income was averaged over three years ($85,341) for guideline purposes; the full two‑child guideline amount was inappropriate given the adult child's partial self‑support and tuition sharing, so child support was set at $1,000 per month ($750.14 for the minor and $250 as a contribution in respect of the adult child's notional rent); special/extraordinary expenses (tuition and D.B.B.B.'s schooling, tutoring and counselling) are to be shared one‑third by...

Citation
2018 BCSC 154
Parties
Claimant: E.A.B.; Respondent: C.B.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 January 2018
Procedural Posture
Divorce/family Law Variation of Child Support Under the Divorce Act / Application for Variation Under S.17(1)(a); Reasons for Judgment on Application
Outcome
Application granted in part: divorce order varied to increase child support and to require sharing of specified special expenses; partial retroactive relief granted; no costs ordered.
Legal Topics
Variation of Support Orders, Retroactive Child Support, Definition of "child of the Marriage", Calculation of Payor Income, Special and Extraordinary Expenses
Source Language
English
Family Law Child Support Divorce Act Civil Procedure Variation of Support Orders Retroactive Child Support Definition of "child of the Marriage" Calculation of Payor Income +1 more

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Parties

E.A.B.

Claimant

C.B.B.

Respondent

Procedural Posture

Divorce/family Law Variation of Child Support Under the Divorce Act / Application for Variation Under S.17(1)(a); Reasons for Judgment on Application

Legal Issues

  1. 1 Whether a change in circumstances justified variation of child support
  2. 2 Whether adult child enrolled in post-secondary education remains a "child of the marriage"
  3. 3 Proper method to calculate respondent's income for guideline table

Ratio Decidendi

The court found a material change in circumstances (return of eldest child and income changes), applied the Farden factors and concluded the 20‑year‑old full‑time student remained a child of the marriage; the respondent's fluctuating income was averaged over three years ($85,341) for guideline purposes; the full two‑child guideline amount was inappropriate given the adult child's partial self‑support and tuition sharing, so child support was set at $1,000 per month ($750.14 for the minor and $250 as a contribution in respect of the adult child's notional rent); special/extraordinary expenses (tuition and D.B.B.B.'s schooling, tutoring and counselling) are to be shared one‑third by...

Court Disposition

Application granted in part: divorce order varied to increase child support and to require sharing of specified special expenses; partial retroactive relief granted; no costs ordered.

Orders

  • Divorce order varied to require respondent C.B.B. to pay child support of $1,000 per month for both children, retroactive to August 1, 2017, for as long as the children remain children of the marriage
  • Divorce order varied to require respondent to pay one‑third of the children's special and extraordinary expenses limited to A.O.B.B.'s university tuition and D.B.B.B.'s schooling, tutoring and counselling