A.J.D. v. C.D.

A.J.D. v. C.D.

The respondent engaged in blameworthy conduct by withholding material information about income and changes in circumstances; the claimant had a reasonable excuse for delay; the children remained entitled to support for post-secondary education; accordingly the court ordered retroactive child support dating to 2002 in the quantified amount of $522,408.24 payable forthwith, ongoing monthly support of $1,041, and annual financial disclosure starting May 1, 2018.

Citation
2017 BCSC 1559
Parties
Claimant: A.J.D.; Respondent: C.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 September 2017
Procedural Posture
Family Law Child Support Variation Application / Interim Hearing / Variation Application Heard in Respondent's Absence
Outcome
Application granted in part: retroactive child support awarded, ongoing support ordered, financial disclosure ordered, costs awarded to claimant.
Legal Topics
Retroactive Child Support, Variation of Child Support, Financial Disclosure, Continuing Obligation to Disclose, S.7 Special Expenses
Source Language
English
Family Law Child Support Procedure Retroactive Child Support Variation of Child Support Financial Disclosure Continuing Obligation to Disclose S.7 Special Expenses

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Parties

A.J.D.

Claimant

C.D.

Respondent

Procedural Posture

Family Law Child Support Variation Application / Interim Hearing / Variation Application Heard in Respondent's Absence

Legal Issues

  1. 1 Whether respondent failed to disclose material increases in income and whether that conduct justifies retroactive child support
  2. 2 Whether the children remain children of the marriage and are entitled to ongoing support for post-secondary education
  3. 3 What date and quantum of retroactive support is appropriate

Ratio Decidendi

The respondent engaged in blameworthy conduct by withholding material information about income and changes in circumstances; the claimant had a reasonable excuse for delay; the children remained entitled to support for post-secondary education; accordingly the court ordered retroactive child support dating to 2002 in the quantified amount of $522,408.24 payable forthwith, ongoing monthly support of $1,041, and annual financial disclosure starting May 1, 2018.

Court Disposition

Application granted in part: retroactive child support awarded, ongoing support ordered, financial disclosure ordered, costs awarded to claimant.

Orders

  • Respondent to pay child support arrears of $522,408.24 forthwith
  • Respondent to pay ongoing child support of $1,041 per month for the Children (contribution toward education expenses)