Chandler v. Chandler

Chandler v. Chandler

The court imputed and fixed guideline incomes for 2020-2022 for both parties based on tax returns, benefits and reasonable deductions; held Ms. Chandler remains liable for child support for J.C. under the Guidelines through April 2026 (with liberty to re-apply thereafter), but limited s.7 obligations for J.C's...

Source-derived case information.

Citation
2023 BCSC 1429
Parties
Claimant: Jocelyn Mary Chandler; Respondent: Christopher John Chandler
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 August 2023
Procedural Posture
Family Law Child and Spousal Support Variation / Applications to Vary Prior Judgment (variation/review)
Outcome
Applications partially granted: incomes for 2020-2022 fixed, child support and spousal support recalculated and fixed for specified periods, s.7 contribution rules and limits on university expense sharing imposed, limited review rights granted for spousal support duration only.
Legal Topics
Income Imputation, Section 7 Expenses, Post Secondary Education Contributions, Variation of Judgment, Support Review Schedule
Source Language
english
Family Law Child Support Spousal Support Divorce Act Income Imputation Section 7 Expenses Post Secondary Education Contributions Variation of Judgment +1 more

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Parties

Jocelyn Mary Chandler

Claimant

Christopher John Chandler

Respondent

Procedural Posture

Family Law Child and Spousal Support Variation / Applications to Vary Prior Judgment (variation/review)

Legal Issues

  1. 1 What are the parties' incomes for support calculations beginning 2020?
  2. 2 What child support is owing retrospectively and prospectively?
  3. 3 What contributions must parents make to s.7 expenses, including post-secondary costs for J.C.?

Ratio Decidendi

The court imputed and fixed guideline incomes for 2020-2022 for both parties based on tax returns, benefits and reasonable deductions; held Ms. Chandler remains liable for child support for J.C. under the Guidelines through April 2026 (with liberty to re-apply thereafter), but limited s.7 obligations for J.C's post-secondary education to tuition only (residence and food are not s.7 expenses), ordered that all scholarships and RESP funds be applied to tuition and remaining tuition shared in proportion to incomes with strict prior-discussion and disclosure rules for s.7 claims, set spousal support at the low end based on determined incomes with entitlement continuing and duration review...

Court Disposition

Applications partially granted: incomes for 2020-2022 fixed, child support and spousal support recalculated and fixed for specified periods, s.7 contribution rules and limits on university expense sharing imposed, limited review rights granted for spousal support duration only.

Orders

  • Determined guideline incomes: Dr. Chandler 2020 $261,566; 2021 $276,458; 2022 $260,000. Determined guideline incomes: Ms. Chandler 2020 $104,367.23; 2021 $98,765.26; 2022 $95,000.
  • Ms. Chandler to pay child support for J.C. in accordance with the Guidelines through April 2026; parties have liberty to re-apply after April 2026.