C.D.G. v. D.J.P.

C.D.G. v. D.J.P.

Child support varied upward to account for the respondent's increased 2016 income but not retroactive to January 1, 2016 because the court's review template contemplates annual adjustments effective June 1 following exchange of tax returns; spousal support variation dismissed because the claimant did not establish a...

Source-derived case information.

Citation
2017 BCSC 2169
Parties
Claimant: C.D.G.; Respondent: D.J.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 November 2017
Procedural Posture
Application to Vary Spousal and Child Support / Application Hearing and Reasons for Judgment
Outcome
Child support varied; spousal support variation dismissed; costs each party bear own costs
Legal Topics
Variation of Support, Retroactivity of Support, Income Determination, Set Off Child Support, Costs
Source Language
english
Family Law Support Law Divorce Act Child Support Guidelines Spousal Support Advisory Guidelines Variation of Support Retroactivity of Support Income Determination +2 more

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Parties

C.D.G.

Claimant

D.J.P.

Respondent

Procedural Posture

Application to Vary Spousal and Child Support / Application Hearing and Reasons for Judgment

Legal Issues

  1. 1 Effect of respondent's increased 2016 income on child support
  2. 2 Whether respondent's income change constitutes a material change for spousal support variation
  3. 3 Appropriate effective date for any variation (retroactivity)

Ratio Decidendi

Child support varied upward to account for the respondent's increased 2016 income but not retroactive to January 1, 2016 because the court's review template contemplates annual adjustments effective June 1 following exchange of tax returns; spousal support variation dismissed because the claimant did not establish a material net improvement in the respondent's means given imminent and involuntary increased expenses (notably a significant rent increase and continuing creditor payments) that offset the income gain.

Court Disposition

Child support varied; spousal support variation dismissed; costs each party bear own costs

Orders

  • Child support varied from $940 to $1,133 per month effective June 1, 2017
  • Claimant's application to vary spousal support dismissed