C.D.W. v. D.A.T.

C.D.W. v. D.A.T.

The court found a material change in circumstances due to the dangerous relationship between the children necessitating separate residences; after assessing incomplete and inconsistent financial disclosure it imputed Guideline incomes of $35,000 to the claimant and $68,000 to the respondent, applied the...

Source-derived case information.

Citation
2015 BCSC 2262
Parties
Claimant: C.D.W. a.k.a. C.D.T.; Respondent: D.A.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 December 2015
Procedural Posture
Divorce Act Application to Vary Child Support and Parenting Orders / Interim Variation Hearing (interim Order Issued)
Outcome
Interim variation order: variation of child support and parenting arrangements; imputed incomes; interim support and apportionment of s.7 expenses; costs of expert report adjourned.
Legal Topics
Variation of Child Support, Imputation of Income, Section 7 Expenses, Shared Custody Setoff, Allocation of Expert/report Costs, Cancellation/reduction of Arrears
Source Language
english
Family Law Child Support Custody and Access Family Procedure Variation of Child Support Imputation of Income Section 7 Expenses Shared Custody Setoff +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

C.D.W. a.k.a. C.D.T.

Claimant

D.A.T.

Respondent

Procedural Posture

Divorce Act Application to Vary Child Support and Parenting Orders / Interim Variation Hearing (interim Order Issued)

Legal Issues

  1. 1 Whether separation of children and rotation of residences is a material change triggering variation
  2. 2 Whether s.7 arrears should be cancelled or adjusted
  3. 3 What incomes should be imputed to each party for Guidelines purposes

Ratio Decidendi

The court found a material change in circumstances due to the dangerous relationship between the children necessitating separate residences; after assessing incomplete and inconsistent financial disclosure it imputed Guideline incomes of $35,000 to the claimant and $68,000 to the respondent, applied the shared-custody setoff, ordered interim child support of $492/month payable by the respondent effective February 1, 2015, refused full cancellation of s.7 arrears but ordered retroactive reimbursement and apportioned ongoing s.7 expenses 66% respondent/34% claimant, and adjourned allocation of the s.211 report costs pending final parenting resolution.

Court Disposition

Interim variation order: variation of child support and parenting arrangements; imputed incomes; interim support and apportionment of s.7 expenses; costs of expert report adjourned.

Orders

  • Impute claimant's annual Guidelines income at CAD 35000 for child support purposes.
  • Impute respondent's annual Guidelines income at CAD 68000 for child support purposes.