Herar v. Herar

Herar v. Herar

Applications by Dr. Herar to retroactively vary pre-December 2003 support orders and to cancel arrears are dismissed because the court will not re-litigate earlier judicial determinations and he failed to satisfy the heavy onus required to cancel arrears; both children remain children of the marriage while in full-time post-secondary/professional studies and Dr. Herar must pay a proportionate share of extraordinary university expenses based on the Court's finding of Guideline incomes ($210,000 for Dr. Herar and $86,500 for Ms. Herar commencing August 1, 2012); applications to terminate spousal support and to change life insurance beneficiaries are dismissed.

Citation
2012 BCSC 1257
Parties
Claimant: Jatinderpal Kaur Herar; Respondent: Daljit Singh Herar
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 August 2012
Procedural Posture
Divorce/family Law Variation and Enforcement of Child and Spousal Support Orders / Chambers Applications (cross Applications) for Variation, Cancellation of Arrears and Determination of Status of Adult Children
Outcome
Applicant's applications to vary past support orders and cancel arrears dismissed in large part; Claimant's cross-application partly successful: both adult children declared children of the marriage and Dr. Herar ordered to contribute proportionately to extraordinary post-secondary expenses; applications to...
Legal Topics
Variation of Support Orders, Imputation of Income, Children of the Marriage (adult Students), Extraordinary Expenses (tuition/books), Arrears Cancellation, Beneficiary Designation on Life Insurance, Finality of Prior Orders
Source Language
English
Family Law Divorce Child Support Spousal Support Enforcement Variation of Support Orders Imputation of Income Children of the Marriage (adult Students) +4 more

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Parties

Jatinderpal Kaur Herar

Claimant

Daljit Singh Herar

Respondent

Procedural Posture

Divorce/family Law Variation and Enforcement of Child and Spousal Support Orders / Chambers Applications (cross Applications) for Variation, Cancellation of Arrears and Determination of Status of Adult Children

Legal Issues

  1. 1 Whether Court may retroactively vary Guidelines income imputed by earlier judges and reduce past child and spousal support
  2. 2 Whether arrears of child and spousal support should be cancelled or varied
  3. 3 Whether adult children pursuing post-secondary/professional education remain "children of the marriage" entitled to support

Ratio Decidendi

Applications by Dr. Herar to retroactively vary pre-December 2003 support orders and to cancel arrears are dismissed because the court will not re-litigate earlier judicial determinations and he failed to satisfy the heavy onus required to cancel arrears; both children remain children of the marriage while in full-time post-secondary/professional studies and Dr. Herar must pay a proportionate share of extraordinary university expenses based on the Court's finding of Guideline incomes ($210,000 for Dr. Herar and $86,500 for Ms. Herar commencing August 1, 2012); applications to terminate spousal support and to change life insurance beneficiaries are dismissed.

Court Disposition

Applicant's applications to vary past support orders and cancel arrears dismissed in large part; Claimant's cross-application partly successful: both adult children declared children of the marriage and Dr. Herar ordered to contribute proportionately to extraordinary post-secondary expenses; applications to...

Orders

  • Applications to vary support for any period prior to December 2003 dismissed
  • Applications to retroactively cancel or vary arrears of child and spousal support dismissed