L.A.F. v. C.P.M.

L.A.F. v. C.P.M.

Balancing the D.B.S. factors the court found effective notice occurred with the December 18, 2012 application; the respondent's conduct and failure of disclosure justified a retroactive award but the children's maintained lifestyle funded by claimant's spouse mitigated quantum. The respondent failed to prove hardship. Therefore retroactive child support awarded to January 1, 2010 (three years from effective notice), ongoing guideline support set on 2013 income ($66,000) at $1,310/month, extraordinary expenses shared 50/50 with retroactivity to January 1, 2013 for medical/dental and one extracurricular per child for 2013-2014, and ongoing 50/50 sharing of one extracurricular and...

Citation
2015 BCSC 281
Parties
Claimant: L.A.F.; Respondent: C.P.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 February 2015
Procedural Posture
Family Law Child Support and Extraordinary Expenses Application / Chambers Reasons for Judgment (application Heard; Judgment Issued)
Outcome
Application granted in part and denied in part
Legal Topics
Retroactive Child Support, Extraordinary Expenses (s.7), Undue Hardship (s.10), Section 9 Analysis, Disclosure and Blameworthy Conduct, Costs (special Costs)
Source Language
English
Family Law Child Support Child Protection Retroactive Child Support Extraordinary Expenses (s.7) Undue Hardship (s.10) Section 9 Analysis Disclosure and Blameworthy Conduct +1 more

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Parties

L.A.F.

Claimant

C.P.M.

Respondent

Procedural Posture

Family Law Child Support and Extraordinary Expenses Application / Chambers Reasons for Judgment (application Heard; Judgment Issued)

Legal Issues

  1. 1 Whether retroactive child support should be awarded and how far back
  2. 2 Whether retroactive and ongoing extraordinary expenses should be awarded and apportionment
  3. 3 Whether the respondent has shown undue hardship to reduce guideline support

Ratio Decidendi

Balancing the D.B.S. factors the court found effective notice occurred with the December 18, 2012 application; the respondent's conduct and failure of disclosure justified a retroactive award but the children's maintained lifestyle funded by claimant's spouse mitigated quantum. The respondent failed to prove hardship. Therefore retroactive child support awarded to January 1, 2010 (three years from effective notice), ongoing guideline support set on 2013 income ($66,000) at $1,310/month, extraordinary expenses shared 50/50 with retroactivity to January 1, 2013 for medical/dental and one extracurricular per child for 2013-2014, and ongoing 50/50 sharing of one extracurricular and...

Court Disposition

Application granted in part and denied in part

Orders

  • Retroactive child support awarded to January 1, 2010 to be calculated by applying Guidelines amounts to income as submitted by claimant and deducting amounts paid in 2014
  • Ongoing child support set at $1,310 per month based on respondent's 2013 income including $6,000 rental (annual income $66,000)