C.C.P. v. H.T.P.

C.C.P. v. H.T.P.

Child support must be paid in accordance with the Guidelines and is increased to $1,016/month; respondent must reimburse proportionate shares of documented daycare expenses (2001: $711; 2002: $2,109 subject to clarification) and reimburse monthly going forward on provision of receipts; applicant is entitled to interim spousal support based on need and respondent's ability to pay but only a modest amount ($300/month) while applicant seeks to increase employment; primary residence and access provisions of the separation agreement are upheld; divorce is granted.

Citation
2003 BCSC 1231
Parties
Plaintiff: C.C.P.; Defendant: H.T.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 August 2003
Procedural Posture
Family Law Divorce, Spousal and Child Support / Trial Reasons for Judgment
Outcome
Judgment for applicant in part: child support increased to Guidelines amount; respondent ordered to reimburse daycare shares for 2001 and 2002 (subject to clarification) and to reimburse monthly going forward; interim spousal support awarded to applicant; access and primary residence per separation agreement upheld;...
Legal Topics
Child Support Variation to Guidelines, Allocation of Section 7 Daycare Expenses, Interim Spousal Support and Self Sufficiency, Enforcement of Separation Agreement, Residence and Access Arrangements
Source Language
English
Family Law Child Support Spousal Support Custody and Access Divorce Child Support Variation to Guidelines Allocation of Section 7 Daycare Expenses Interim Spousal Support and Self Sufficiency +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

C.C.P.

Plaintiff

H.T.P.

Defendant

Procedural Posture

Family Law Divorce, Spousal and Child Support / Trial Reasons for Judgment

Legal Issues

  1. 1 Whether respondent must pay spousal support and amount
  2. 2 Whether child support should be varied to Guidelines amount
  3. 3 Apportionment and reimbursement of historic daycare expenses (2001-2003)

Ratio Decidendi

Child support must be paid in accordance with the Guidelines and is increased to $1,016/month; respondent must reimburse proportionate shares of documented daycare expenses (2001: $711; 2002: $2,109 subject to clarification) and reimburse monthly going forward on provision of receipts; applicant is entitled to interim spousal support based on need and respondent's ability to pay but only a modest amount ($300/month) while applicant seeks to increase employment; primary residence and access provisions of the separation agreement are upheld; divorce is granted.

Court Disposition

Judgment for applicant in part: child support increased to Guidelines amount; respondent ordered to reimburse daycare shares for 2001 and 2002 (subject to clarification) and to reimburse monthly going forward; interim spousal support awarded to applicant; access and primary residence per separation agreement upheld;...

Orders

  • Child support increased to $1,016 per month commencing August 1, 2003
  • Child support to be adjusted annually in accordance with the Guidelines after exchange of income tax returns