Chutter v. Chutter

Chutter v. Chutter

The separation agreement was binding and entitled to considerable weight; the claimant failed to justify delay for retroactive relief, there was no evidence of unmet need by the children, respondent's conduct was not blameworthy and a retroactive award would cause hardship and disrupt settled expectations; however claimant had borne disproportionate s.7 expenses and fairness warranted a limited variation awarding $10,000 as arrears of special and extraordinary expenses; children ceased to be children of the marriage on the dates found, and respondent's reimbursement claim failed.

Citation
2016 BCSC 2407
Parties
Claimant: Alison Joan Chutter; Respondent: David Philip Chutter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 December 2016
Procedural Posture
Divorce/family Law Child Support Variation / Reasons for Judgment (trial Level)
Outcome
Claimant's application for retroactive child support dismissed; claimant awarded $10,000 for arrears of s.7 expenses; respondent's reimbursement claim dismissed; findings as to when each child ceased to be a child of the marriage; parties each to bear their own costs.
Legal Topics
Retroactive Child Support, Section 7 Extraordinary Expenses, Children of the Marriage Definition, Financial Disclosure, Imputing Income, Separation Agreement Binding Effect
Source Language
English
Family Law Child Support Separation Agreement Enforcement/variation Statutory Interpretation Retroactive Child Support Section 7 Extraordinary Expenses Children of the Marriage Definition Financial Disclosure +2 more

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Parties

Alison Joan Chutter

Claimant

David Philip Chutter

Respondent

Procedural Posture

Divorce/family Law Child Support Variation / Reasons for Judgment (trial Level)

Legal Issues

  1. 1 Entitlement to retroactive child support
  2. 2 Entitlement to arrears of s.7 special and extraordinary expenses
  3. 3 When each child ceased to be a child of the marriage

Ratio Decidendi

The separation agreement was binding and entitled to considerable weight; the claimant failed to justify delay for retroactive relief, there was no evidence of unmet need by the children, respondent's conduct was not blameworthy and a retroactive award would cause hardship and disrupt settled expectations; however claimant had borne disproportionate s.7 expenses and fairness warranted a limited variation awarding $10,000 as arrears of special and extraordinary expenses; children ceased to be children of the marriage on the dates found, and respondent's reimbursement claim failed.

Court Disposition

Claimant's application for retroactive child support dismissed; claimant awarded $10,000 for arrears of s.7 expenses; respondent's reimbursement claim dismissed; findings as to when each child ceased to be a child of the marriage; parties each to bear their own costs.

Orders

  • Respondent to pay claimant $10,000 for his proportionate share of arrears of special and extraordinary (s.7) expenses.
  • Claimant's claim for retroactive child support dismissed.