P.C.B. v. D.L.B.

P.C.B. v. D.L.B.

Using the claimant's Guidelines income of $137,486 the court fixed scheduled support for M.B. at $1,225/month and increased K.B.'s support by $223/month; Part 7 spring 2012 university expenses totalled $4,117.47 and the claimant must pay 70% ($2,882) based on income ratio; the claimed $14,000 mobile home expense was...

Source-derived case information.

Citation
2012 BCSC 656
Parties
Claimant: P.C.B.; Respondent: D.L.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 May 2012
Procedural Posture
Family Law Child Support / Supplemental Reasons for Judgment
Outcome
Claimant ordered to pay child support and specified Part 7 contribution; claimed mobile home employment expense not allowed as Schedule III adjustment.
Legal Topics
Part 7 Expenses, Scheduled Child Support, Schedule III Employment Expense Deduction, Post Secondary Education Costs
Source Language
english
Family Law Child Support Federal Child Support Guidelines Income Adjustment Part 7 Expenses Scheduled Child Support Schedule III Employment Expense Deduction Post Secondary Education Costs

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Parties

P.C.B.

Claimant

D.L.B.

Respondent

Procedural Posture

Family Law Child Support / Supplemental Reasons for Judgment

Legal Issues

  1. 1 Determination of monthly child support under the Federal Child Support Guidelines
  2. 2 Allocation and calculation of Part 7 (special/extraordinary) expenses for a university student
  3. 3 Whether mobile home maintenance costs qualify as an employment expense adjustment under Schedule III to the Guidelines

Ratio Decidendi

Using the claimant's Guidelines income of $137,486 the court fixed scheduled support for M.B. at $1,225/month and increased K.B.'s support by $223/month; Part 7 spring 2012 university expenses totalled $4,117.47 and the claimant must pay 70% ($2,882) based on income ratio; the claimed $14,000 mobile home expense was not recognized by the Canada Revenue Agency and therefore cannot be treated as a Schedule III adjustment to Guidelines income.

Court Disposition

Claimant ordered to pay child support and specified Part 7 contribution; claimed mobile home employment expense not allowed as Schedule III adjustment.

Orders

  • Respondent to receive scheduled maintenance for M.B. in the amount of $1,225.00 per month commencing January 1, 2012.
  • Respondent to receive additional maintenance for K.B. in the amount of $223.00 per month commencing January 1, 2012.