D.N.K. v. D.A.K.

D.N.K. v. D.A.K.

Applicant failed to establish a material change in circumstances and the evidence supported that he was structuring corporate affairs to avoid support obligations; accordingly the court refused to vary or cancel child support, spousal support or arrears and dismissed the application with costs.

Citation
2016 BCSC 2198
Parties
Claimant: D.N.K.; Respondent: D.A.K.; Respondent: B.G.E.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 August 2016
Procedural Posture
Divorce Act Variation Application (support) / Chambers Decision on Application
Outcome
Application dismissed
Legal Topics
Variation of Support, Material Change of Circumstances, Income Attribution, Sham Corporation, Costs
Source Language
English
Family Law Child Support Spousal Support Corporate Attribution Enforcement Variation of Support Material Change of Circumstances Income Attribution +2 more

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Parties

D.N.K.

Claimant

D.A.K.

Respondent

B.G.E.S.

Respondent

Procedural Posture

Divorce Act Variation Application (support) / Chambers Decision on Application

Legal Issues

  1. 1 Whether there was a material change in circumstances since the consent/Final Order
  2. 2 Whether income can be attributed to the applicant through corporate structures (White Knight, B.G.E.S.)
  3. 3 Whether child support, spousal support and arrears should be varied or cancelled

Ratio Decidendi

Applicant failed to establish a material change in circumstances and the evidence supported that he was structuring corporate affairs to avoid support obligations; accordingly the court refused to vary or cancel child support, spousal support or arrears and dismissed the application with costs.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs awarded to D.N.K. on the ordinary scale payable by D.A.K.