Simmonds v. Simmonds

Simmonds v. Simmonds

The court varied the June 16, 2008 divorce order effective July 1, 2008 to set the defendant's Guidelines income at $40,000, fix child support at $370 per month, adjust daycare obligations for the specified periods, reset arrears on the basis of those obligations with credit for payments made, require 50/50 sharing of s.7 extraordinary expenses with prerequisites for prior discussion and receipts, mandate annual exchange of filed tax returns and notices of assessment, and establish a specific access schedule for the defendant.

Citation
2009 BCSC 1213
Parties
Plaintiff: Debbie Simmonds; Defendant: Ryan Simmonds
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 September 2009
Procedural Posture
Divorce/family / Variation of Divorce Order (in Chambers)
Outcome
Variation of divorce order granted in accordance with the terms recorded by the court
Legal Topics
Child Support, Daycare Expenses, Extraordinary Expenses (s.7), Arrears, Access/parenting Time, Variation of Divorce Order, Exchange of Tax Information
Source Language
English
Family Law Child Support Daycare Expenses Extraordinary Expenses (s.7) Arrears Access/parenting Time Variation of Divorce Order Exchange of Tax Information

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Parties

Debbie Simmonds

Plaintiff

Ryan Simmonds

Defendant

Procedural Posture

Divorce/family / Variation of Divorce Order (in Chambers)

Legal Issues

  1. 1 Whether the divorce order should be varied to set the defendant's Guidelines income and child support effective July 1, 2008
  2. 2 Whether daycare contributions should be changed for specified periods in 2008 and 2009
  3. 3 Whether the defendant's arrears should be reset based on the varied obligations with credit for payments made

Ratio Decidendi

The court varied the June 16, 2008 divorce order effective July 1, 2008 to set the defendant's Guidelines income at $40,000, fix child support at $370 per month, adjust daycare obligations for the specified periods, reset arrears on the basis of those obligations with credit for payments made, require 50/50 sharing of s.7 extraordinary expenses with prerequisites for prior discussion and receipts, mandate annual exchange of filed tax returns and notices of assessment, and establish a specific access schedule for the defendant.

Court Disposition

Variation of divorce order granted in accordance with the terms recorded by the court

Orders

  • Divorce order of June 16, 2008 varied as of July 1, 2008 to set the defendant's Guidelines income at $40,000 and child support at $370 per month commencing July 1, 2008 and continuing monthly until the child is no longer a child of the marriage or further order or agreement
  • Divorce order of June 16, 2008 further varied as of July 1, 2008 to set defendant's daycare obligation at $345 per month from July 1, 2008 to December 31, 2008 and $362.50 per month from January 1, 2009 to August 31, 2009