N.D.S. v. D.J.L.

N.D.S. v. D.J.L.

Because the respondent failed to provide full, transparent financial disclosure, engaged in blameworthy conduct by not adjusting support despite increased earnings and by late/non-compliant filings, the court imputed income, declined to admit late out-of-time materials, calculated retroactive arrears from 2013 and...

Source-derived case information.

Citation
2017 BCSC 1690
Parties
Claimant: N.D.S.; Respondent: D.J.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 September 2017
Procedural Posture
Family Law Child Support Variation and Disclosure / Chambers Reasons for Judgment (application Hearing)
Outcome
Application granted in part and dismissed in part
Legal Topics
Retroactive Child Support, Income Imputation, Failure to Disclose Financial Information, Service and Late Filing, Variation of Non Removal Order
Source Language
english
Family Law Child Support Enforcement/disclosure Costs Retroactive Child Support Income Imputation Failure to Disclose Financial Information Service and Late Filing +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

N.D.S.

Claimant

D.J.L.

Respondent

Procedural Posture

Family Law Child Support Variation and Disclosure / Chambers Reasons for Judgment (application Hearing)

Legal Issues

  1. 1 Whether retroactive child support should be ordered and from what date
  2. 2 Whether the respondent's income should be imputed and at what level
  3. 3 Whether to limit the respondent's late-filed materials and participation for non-compliance

Ratio Decidendi

Because the respondent failed to provide full, transparent financial disclosure, engaged in blameworthy conduct by not adjusting support despite increased earnings and by late/non-compliant filings, the court imputed income, declined to admit late out-of-time materials, calculated retroactive arrears from 2013 and ordered a negotiated arrears amount of $38,500, set prospective Guidelines-based support on an interim basis at $1,100 per month effective September 1, 2017, awarded costs and ordered ongoing financial disclosure (annual Form 8 with tax assessments) and varied the non-removal restriction subject to itinerary and notice for trips exceeding two weeks.

Court Disposition

Application granted in part and dismissed in part

Orders

  • Retroactive child support arrears calculated from 2013 to 2017 fixed by consent at $38,500 payable by the respondent
  • Prospective child support set at $1,100 per month, payable effective September 1, 2017 and on the first of each successive month until further order