N.P. v. C.Y.L.

N.P. v. C.Y.L.

The court found that material change of circumstances under s.17 existed (direct support by petitioner, children residing with petitioner, petitioner’s payments and limited income, children reaching majority/ceasing to be children of the marriage) and that, on that basis, the accrued arrears should be substantially reduced to $10,600 with the remainder ($40,515.66) cancelled; interest on the cancelled portion is also cancelled pursuant to Family Relations Act s.96(3.2); the order is provisional under s.18 and must be confirmed under s.19.

Citation
2002 BCSC 1521
Parties
PETITIONER: N.P.; RESPONDENT: C.Y.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 October 2002
Procedural Posture
Divorce Act Application Variation of Child Support Arrears / In Chambers; Provisional Order Under S.18 to Be Confirmed Under S.19
Outcome
Provisional order reduces accrued child support arrears to $10,600; cancels remaining arrears of $40,515.66 and cancels interest on the cancelled portion; order provisional under s.18 to be confirmed under s.19 of the Divorce Act.
Legal Topics
Variation of Support, Arrears Cancellation, Jurisdiction, Enforcement
Source Language
English
Family Law Child Support Divorce Variation of Support Arrears Cancellation Jurisdiction Enforcement

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Parties

N.P.

PETITIONER

C.Y.L.

RESPONDENT

Procedural Posture

Divorce Act Application Variation of Child Support Arrears / In Chambers; Provisional Order Under S.18 to Be Confirmed Under S.19

Legal Issues

  1. 1 Whether there has been a change of circumstances under s.17 of the Divorce Act justifying cancellation or reduction of accrued child support arrears
  2. 2 Whether a provisional order may be made in the respondent's absence under s.18 of the Divorce Act pending confirmation under s.19
  3. 3 Whether child support liability ceases when a child attains majority or when the child resides with the payor

Ratio Decidendi

The court found that material change of circumstances under s.17 existed (direct support by petitioner, children residing with petitioner, petitioner’s payments and limited income, children reaching majority/ceasing to be children of the marriage) and that, on that basis, the accrued arrears should be substantially reduced to $10,600 with the remainder ($40,515.66) cancelled; interest on the cancelled portion is also cancelled pursuant to Family Relations Act s.96(3.2); the order is provisional under s.18 and must be confirmed under s.19.

Court Disposition

Provisional order reduces accrued child support arrears to $10,600; cancels remaining arrears of $40,515.66 and cancels interest on the cancelled portion; order provisional under s.18 to be confirmed under s.19 of the Divorce Act.

Orders

  • Provisional reduction of total accrued child support liability to $10,600 based on 2 children @ $200/week for 46 weeks and S.P. only @ $100/week for 14 weeks
  • Cancel arrears balance of $40,515.66