D.K.H. v. M.M.H.

D.K.H. v. M.M.H.

Applying s.9 of the Federal Child Support Guidelines and Contino, the court used the simple set-off method adjusted by the parties’ incomes and children's budgets, imputed incomes of $90,000 (father) and $24,000 (mother), and the fact one child resides full time with the father and he will not claim support for the...

Source-derived case information.

Citation
2007 BCSC 1058
Parties
Plaintiff: D.K.H.; Defendant: M.M.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 July 2007
Procedural Posture
Divorce Child and Spousal Support / Application Hearing (variation/review)
Outcome
Child support reduced and varied; counsellor appointed; matter stayed; no order for costs
Legal Topics
Shared Custody, Set Off Method, Federal Child Support Guidelines S.9, Variation of Support, Imputation of Income, Access/parenting Time, Court Ordered Counselling
Source Language
english
Family Law Child Support Spousal Support Shared Custody Set Off Method Federal Child Support Guidelines S.9 Variation of Support Imputation of Income +2 more

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Parties

D.K.H.

Plaintiff

M.M.H.

Defendant

Procedural Posture

Divorce Child and Spousal Support / Application Hearing (variation/review)

Legal Issues

  1. 1 Whether child support should be reduced under s.9 of the Federal Child Support Guidelines for shared custody
  2. 2 Whether older child may reside primarily with father and the effect on support obligations
  3. 3 Application of the set-off method and Contino v. Leonelli to parents with disparate incomes

Ratio Decidendi

Applying s.9 of the Federal Child Support Guidelines and Contino, the court used the simple set-off method adjusted by the parties’ incomes and children's budgets, imputed incomes of $90,000 (father) and $24,000 (mother), and the fact one child resides full time with the father and he will not claim support for the older child; accordingly child support was set at $603 per month effective March 1, 2007; matter stayed and counsellor appointed.

Court Disposition

Child support reduced and varied; counsellor appointed; matter stayed; no order for costs

Orders

  • Child support set at $603 per month, effective March 1, 2007
  • A counsellor is appointed to assess, assist and advise the Court on the relationship between mother and elder daughter and report within four months (by October 2007)