Zigich v. Zigich

Zigich v. Zigich

The review is de novo; the parties qualify for shared parenting under s.9; the respondent was found under-employed and his Guidelines income was imputed at $75,000; the claimant's Guidelines income is fixed at $37,547 for 2024 and $66,320 for 2025; support is set on a set-off/shared basis with specified monthly amounts and arrears calculated; claimant entitled to reimbursement for childcare and dance expenses but must provide receipts; respondent's application to cancel FMEA default fee and statutory interest and to remove attachments was dismissed; FMEA must recalculate statutory interest and default fees in light of the revised support amounts.

Citation
2026 BCSC 222
Parties
Claimant: Jennafer Louise Zigich; Respondent: Daniel Zigich
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 February 2026
Procedural Posture
Family Law Support Variation Under Divorce Act and Federal Child Support Guidelines / De Novo Review on Application to Vary Support and Address S.7 Expenses / Enforcement Issues
Outcome
Application granted in part and dismissed in part: income imputed, shared-parenting set-off child support established, s.7 reimbursements ordered, FMEA relief denied; FMEA ordered to recalculate interest/fees.
Legal Topics
Imputation of Income, Shared Parenting (s.9 Guidelines), Section 17 Variation, Section 7 Expenses, FMEA Default Fees and Statutory Interest, Set Off of Support Amounts
Source Language
English
Family Law Child Support Spousal Support Divorce Act Family Maintenance Enforcement Imputation of Income Shared Parenting (s.9 Guidelines) Section 17 Variation +3 more

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Parties

Jennafer Louise Zigich

Claimant

Daniel Zigich

Respondent

Procedural Posture

Family Law Support Variation Under Divorce Act and Federal Child Support Guidelines / De Novo Review on Application to Vary Support and Address S.7 Expenses / Enforcement Issues

Legal Issues

  1. 1 Nature of the review under s.17 DA and Guidelines
  2. 2 Whether parties qualify for shared parenting under s.9 Guidelines
  3. 3 What Guidelines income should be imputed to each party

Ratio Decidendi

The review is de novo; the parties qualify for shared parenting under s.9; the respondent was found under-employed and his Guidelines income was imputed at $75,000; the claimant's Guidelines income is fixed at $37,547 for 2024 and $66,320 for 2025; support is set on a set-off/shared basis with specified monthly amounts and arrears calculated; claimant entitled to reimbursement for childcare and dance expenses but must provide receipts; respondent's application to cancel FMEA default fee and statutory interest and to remove attachments was dismissed; FMEA must recalculate statutory interest and default fees in light of the revised support amounts.

Court Disposition

Application granted in part and dismissed in part: income imputed, shared-parenting set-off child support established, s.7 reimbursements ordered, FMEA relief denied; FMEA ordered to recalculate interest/fees.

Orders

  • Respondent's Guidelines income imputed at $75,000 as of September 2024 and going forward until further agreement or order
  • Claimant's Guidelines income fixed at $37,547 for 2024 and $66,320 for 2025