P.G. v. D.D.G.

P.G. v. D.D.G.

The court found S.G.'s substantial tuition increase constituted a material change warranting application of the Guidelines; P.G.'s income is imputed at $419,544 and D.D.G.'s at $71,380; D.G.'s support is payable under s.3(2)(a) at the table amount $3,318/month starting Oct 1, 2016; s.7 expenses for both children apportioned 85% P.G. / 15% D.D.G. with P.G. to pay initially and D.D.G. to reimburse within 15 days; retroactive support for six months totaling $19,908 awarded; Barcelona expense reimbursement to P.G. set at $1,503 after allowed deductions; support payable to mother.

Citation
2017 BCSC 724
Parties
Claimant: P.G.; Respondent: D.D.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 May 2017
Procedural Posture
Divorce Act Child Support / Application (in Chambers)
Outcome
Application granted in part; support and apportionment ordered; costs awarded to D.D.G.
Legal Topics
Post Secondary Support, Section 7 Expenses, Guidelines Income, Variation of Consent Order, Retroactive Child Support, Payment Direction
Source Language
English
Family Law Child Support Divorce Post Secondary Support Section 7 Expenses Guidelines Income Variation of Consent Order Retroactive Child Support +1 more

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Parties

P.G.

Claimant

D.D.G.

Respondent

Procedural Posture

Divorce Act Child Support / Application (in Chambers)

Legal Issues

  1. 1 Whether paragraph 10 of 2015 Consent Order should be varied re S.G.'s chiropractic costs
  2. 2 Whether child support is payable for D.G. and whether under ss.3(2)(a) or ss.3(2)(b) of the Guidelines
  3. 3 Determination of parties' Guidelines income

Ratio Decidendi

The court found S.G.'s substantial tuition increase constituted a material change warranting application of the Guidelines; P.G.'s income is imputed at $419,544 and D.D.G.'s at $71,380; D.G.'s support is payable under s.3(2)(a) at the table amount $3,318/month starting Oct 1, 2016; s.7 expenses for both children apportioned 85% P.G. / 15% D.D.G. with P.G. to pay initially and D.D.G. to reimburse within 15 days; retroactive support for six months totaling $19,908 awarded; Barcelona expense reimbursement to P.G. set at $1,503 after allowed deductions; support payable to mother.

Court Disposition

Application granted in part; support and apportionment ordered; costs awarded to D.D.G.

Orders

  • P.G. shall pay 85% of S.G.'s educational and living costs for her chiropractic degree
  • Child support for D.G. ordered pursuant to s.3(2)(a) of the Federal Child Support Guidelines