D.D.D.S. v. S.S.S.

D.D.D.S. v. S.S.S.

The court applied s.2(3) to use current incomes, applied s.9 factors including comparative means and likely impact on the children's standard of living, concluded the plaintiff has a materially higher income and ordered child support by way of set-off at $190 per month from plaintiff to defendant; the court also...

Source-derived case information.

Citation
2003 BCSC 1206
Parties
Plaintiff: D.D.D.S.; Defendant: S.S.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 August 2003
Procedural Posture
Divorce (rule 18 a Application) / Application Hearing (reasons for Judgment)
Outcome
Divorce granted; joint custody and guardianship ordered; child support ordered; s.7 expenses apportioned; access framework set; costs reserved to each party (each bears own costs); liberty to apply for ancillary orders.
Legal Topics
Federal Child Support Guidelines, Shared Custody Set Off, Section 7 Special/extraordinary Expenses, Joint Custody and Access Orders, Undue Hardship (s.10)
Source Language
english
Family Law Divorce Child Support Custody and Access Federal Child Support Guidelines Shared Custody Set Off Section 7 Special/extraordinary Expenses Joint Custody and Access Orders +1 more

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Parties

D.D.D.S.

Plaintiff

S.S.S.

Defendant

Procedural Posture

Divorce (rule 18 a Application) / Application Hearing (reasons for Judgment)

Legal Issues

  1. 1 Proper calculation of child support under the Federal Child Support Guidelines in a shared custody arrangement
  2. 2 Application and apportionment of s.7 special or extraordinary expenses
  3. 3 Custody and access regime and parenting time allocation

Ratio Decidendi

The court applied s.2(3) to use current incomes, applied s.9 factors including comparative means and likely impact on the children's standard of living, concluded the plaintiff has a materially higher income and ordered child support by way of set-off at $190 per month from plaintiff to defendant; the court also held the plaintiff must pay 60% of the s.7 special/extraordinary expenses claimed by the defendant and made joint custody with alternating monthly residence and specific access provisions.

Court Disposition

Divorce granted; joint custody and guardianship ordered; child support ordered; s.7 expenses apportioned; access framework set; costs reserved to each party (each bears own costs); liberty to apply for ancillary orders.

Orders

  • Divorce granted effective 31 days after date of judgment (subject to s.12 Divorce Act)
  • Joint custody and joint guardianship of the two children with alternating monthly residence (residing with defendant July 2003, plaintiff August 2003, alternating thereafter)