C.I.D. v. C.S.N.

C.I.D. v. C.S.N.

The Master found the defendant failed to prove a reduced earning capacity for 2003-2004, identified unexplained or potentially unreasonable business deductions (CCA, vehicle expenses and family salary allocations), and found no evidence he sought or accepted alternative remunerative employment despite prior capacity; accordingly the consent findings of Guideline income were not varied and the defendant must continue payments at the previously-assessed Guideline level through Sept 1, 2005 and at full Guideline maintenance thereafter as ordered.

Citation
2005 BCSC 1007
Parties
Plaintiff: C.I.D.; Defendant: C.S.N.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 July 2005
Procedural Posture
Family Law Child Support Review / Review Application Before Master
Outcome
Application to reduce defendant's Guideline income and child support was dismissed; prior consent findings of Guideline incomes maintained and payment schedule adjusted prospectively
Legal Topics
Child Support Guidelines, Imputing Income (s.19), Guideline Income Determination, Extraordinary Expenses, Capital Cost Allowance (cca) Treatment
Source Language
English
Family Law Child Support Income Imputation Custody and Access Child Support Guidelines Imputing Income (s.19) Guideline Income Determination Extraordinary Expenses +1 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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

C.I.D.

Plaintiff

C.S.N.

Defendant

Procedural Posture

Family Law Child Support Review / Review Application Before Master

Legal Issues

  1. 1 Whether the defendant's Guideline income should be reduced for 2003-2004 or imputed at $42,500
  2. 2 Whether the court should impute income under s.19 of the Federal Child Support Guidelines
  3. 3 Whether extraordinary expenses and dental costs should be reallocated given change in residence of children

Ratio Decidendi

The Master found the defendant failed to prove a reduced earning capacity for 2003-2004, identified unexplained or potentially unreasonable business deductions (CCA, vehicle expenses and family salary allocations), and found no evidence he sought or accepted alternative remunerative employment despite prior capacity; accordingly the consent findings of Guideline income were not varied and the defendant must continue payments at the previously-assessed Guideline level through Sept 1, 2005 and at full Guideline maintenance thereafter as ordered.

Court Disposition

Application to reduce defendant's Guideline income and child support was dismissed; prior consent findings of Guideline incomes maintained and payment schedule adjusted prospectively

Orders

  • Order of Mr. Justice Cole not varied as to findings of Guideline income
  • Defendant to continue paying $600.00 per month to plaintiff for child support up to and including September 1, 2005, payable on the first day of each month