Wright v. Wright

Wright v. Wright

Court determined incomes from disclosed material ($19,033 respondent; $16,900 petitioner), applied the Child Support Guidelines and set-off under s.8, found no basis to invoke s.9 adjustments, and ordered a net payment of $143 per month from Mr. Wright to Mrs. Wright commencing March 1, 2002; arrears were reduced to $1,150 payable within 30 days.

Citation
2002 BCSC 266
Parties
Petitioner: Deborah Darling Wright; Respondent: David Thomas Wright
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2002
Procedural Posture
Family Law Child Support and Custody Variation / Chambers Motion (application to Vary Custody and Determine Child Support)
Outcome
Application granted in part and varied: incomes determined for guideline purposes; net guideline child support ordered; arrears reduced.
Legal Topics
Child Support Guidelines, Income Determination, Set Off in Shared Custody, Arrears Reduction, Variation of Prior Orders
Source Language
English
Family Law Child Support Child Custody Child Support Guidelines Income Determination Set Off in Shared Custody Arrears Reduction Variation of Prior Orders

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Parties

Deborah Darling Wright

Petitioner

David Thomas Wright

Respondent

Procedural Posture

Family Law Child Support and Custody Variation / Chambers Motion (application to Vary Custody and Determine Child Support)

Legal Issues

  1. 1 Whether and how to determine each parent's income for Child Support Guidelines purposes
  2. 2 How to apply set-off when each parent has custody of one or more children
  3. 3 Whether arrears should be cancelled or reduced

Ratio Decidendi

Court determined incomes from disclosed material ($19,033 respondent; $16,900 petitioner), applied the Child Support Guidelines and set-off under s.8, found no basis to invoke s.9 adjustments, and ordered a net payment of $143 per month from Mr. Wright to Mrs. Wright commencing March 1, 2002; arrears were reduced to $1,150 payable within 30 days.

Court Disposition

Application granted in part and varied: incomes determined for guideline purposes; net guideline child support ordered; arrears reduced.

Orders

  • Respondent to pay net child support of $143 per month to petitioner commencing March 1, 2002.
  • Arrears reduced to $1,150 to be paid within 30 days.