J.L.W. v. C.V.W.

J.L.W. v. C.V.W.

The separation agreement was given weight due to circumstances at signing, but could not bar the child's right to support given changed circumstances including significant increase in respondent's income; accordingly respondent ordered to pay modified child support of $800 per month for two children commencing October 1, 2017; no retroactive support awarded because claimant failed to provide a valid reason for delay, respondent acted pursuant to the agreement and would suffer hardship; special/extraordinary expenses to be shared per paragraph 6.3; parties must exchange tax returns annually.

Citation
2017 BCSC 2144
Parties
Claimant: J.L.W.; Respondent: C.V.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 September 2017
Procedural Posture
Divorce Act Child Support Application / Oral Reasons for Judgment / Application Hearing
Outcome
Respondent ordered to pay child support going forward at a modified amount; retroactive child support denied; special expenses to be shared per separation agreement; parties to exchange tax returns; costs each party to bear their own.
Legal Topics
Child Support, Retroactive Support, Separation Agreement, Extraordinary/special Expenses, Parenting Time
Source Language
English
Family Law Child Support Divorce Act Retroactive Support Separation Agreement Extraordinary/special Expenses Parenting Time

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Parties

J.L.W.

Claimant

C.V.W.

Respondent

Procedural Posture

Divorce Act Child Support Application / Oral Reasons for Judgment / Application Hearing

Legal Issues

  1. 1 Whether respondent is required to pay ongoing child support
  2. 2 Whether retroactive child support should be awarded from August 1, 2014
  3. 3 Whether special and extraordinary expenses should be shared and enforced under the separation agreement

Ratio Decidendi

The separation agreement was given weight due to circumstances at signing, but could not bar the child's right to support given changed circumstances including significant increase in respondent's income; accordingly respondent ordered to pay modified child support of $800 per month for two children commencing October 1, 2017; no retroactive support awarded because claimant failed to provide a valid reason for delay, respondent acted pursuant to the agreement and would suffer hardship; special/extraordinary expenses to be shared per paragraph 6.3; parties must exchange tax returns annually.

Court Disposition

Respondent ordered to pay child support going forward at a modified amount; retroactive child support denied; special expenses to be shared per separation agreement; parties to exchange tax returns; costs each party to bear their own.

Orders

  • Respondent to pay $800 per month child support for two children commencing October 1, 2017
  • No retroactive child support awarded