D.L.F. v. P.I.F.

D.L.F. v. P.I.F.

The court found a significant change in the defendant's financial circumstances based on his 2001 tax return showing $39,000 income, and accordingly varied support to $554 per month effective January 1, 2002; arrears calculated on the prior $85,000 income are suspended pending a review after April 30, 2003 rather...

Source-derived case information.

Citation
2002 BCSC 1609
Parties
Plaintiff: D.L.F.; Defendant: P.I.F.; Defendant: M.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 November 2002
Procedural Posture
Application to Vary Child Support Order / In Chambers Application for Variation and Review of Arrears
Outcome
Application to vary granted in part; support reduced and arrears suspended pending review.
Legal Topics
Variation of Support Orders, Change in Circumstances, Guideline Income Assessment, Arrears Suspension, Registrar/master Findings
Source Language
english
Family Law Child Support Maintenance Income Determination Civil Procedure Variation of Support Orders Change in Circumstances Guideline Income Assessment +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

D.L.F.

Plaintiff

P.I.F.

Defendant

M.D.

Defendant

Procedural Posture

Application to Vary Child Support Order / In Chambers Application for Variation and Review of Arrears

Legal Issues

  1. 1 Whether there has been a material change in circumstances to vary child support
  2. 2 Proper determination of the defendant's income for guideline calculations
  3. 3 Whether arrears should be cancelled or suspended pending review

Ratio Decidendi

The court found a significant change in the defendant's financial circumstances based on his 2001 tax return showing $39,000 income, and accordingly varied support to $554 per month effective January 1, 2002; arrears calculated on the prior $85,000 income are suspended pending a review after April 30, 2003 rather than being cancelled; the correctness of the original $85,000 finding was not re-opened as a change of circumstances issue and remained an appeal-type matter.

Court Disposition

Application to vary granted in part; support reduced and arrears suspended pending review.

Orders

  • Child support fixed at $554 per month effective January 1, 2002.
  • Arrears accrued on the basis of $85,000 income before January 1, 2002 are suspended pending review after April 30, 2003.