J.M. v. D.M.

J.M. v. D.M.

The court exercised its discretion under s.7 of the Guidelines to consider the parties' means (beyond table income), set respondent's Guidelines income at $100,000 for 2010 and $130,000 for 2011-2012, found C. was not a child of the marriage at the time of application (so denied claimant's claim for pre-notice tuition/tutoring for C.), ordered equal sharing of prospective s.7 post-secondary expenses, awarded limited retroactive reimbursement to the claimant for E.'s past s.7 expenses ($1,000 for 2011; $10,000 all-inclusive for Jan–Aug 2012 subject to payment terms) but declined to order repayment of E.'s full retroactive child support shortfall given lack of blameworthy conduct, absence...

Citation
2013 BCSC 502
Parties
Claimant: J.M.; Respondent: D.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 March 2013
Procedural Posture
Family Law Child Support and S.7 Special Expenses (divorce Act) / Application Hearing Reasons for Judgment (final Decision)
Outcome
Partial award: limited retroactive reimbursements ordered for E.'s s.7 expenses; prospective s.7 post-secondary expenses awarded to be shared equally; no order for repayment of E.'s claimed retroactive child support shortfall; no contribution ordered for C.'s pre-application tutoring/tuition.
Legal Topics
Retroactive Child Support, Section 7 Special Expenses, Post Secondary Education Funding, Means and Circumstances (income Imputation), Definition of Child of the Marriage, Disclosure and Blameworthiness
Source Language
English
Family Law Child Support Divorce Property/spousal Support Retroactive Child Support Section 7 Special Expenses Post Secondary Education Funding Means and Circumstances (income Imputation) +2 more

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Parties

J.M.

Claimant

D.M.

Respondent

Procedural Posture

Family Law Child Support and S.7 Special Expenses (divorce Act) / Application Hearing Reasons for Judgment (final Decision)

Legal Issues

  1. 1 Determination of respondent's Guidelines income for 2010-2012
  2. 2 Whether C. was a "child of the marriage" at the time of the July 10, 2012 application
  3. 3 Whether respondent must pay retroactive child support for E. from July 1, 2010

Ratio Decidendi

The court exercised its discretion under s.7 of the Guidelines to consider the parties' means (beyond table income), set respondent's Guidelines income at $100,000 for 2010 and $130,000 for 2011-2012, found C. was not a child of the marriage at the time of application (so denied claimant's claim for pre-notice tuition/tutoring for C.), ordered equal sharing of prospective s.7 post-secondary expenses, awarded limited retroactive reimbursement to the claimant for E.'s past s.7 expenses ($1,000 for 2011; $10,000 all-inclusive for Jan–Aug 2012 subject to payment terms) but declined to order repayment of E.'s full retroactive child support shortfall given lack of blameworthy conduct, absence...

Court Disposition

Partial award: limited retroactive reimbursements ordered for E.'s s.7 expenses; prospective s.7 post-secondary expenses awarded to be shared equally; no order for repayment of E.'s claimed retroactive child support shortfall; no contribution ordered for C.'s pre-application tutoring/tuition.

Orders

  • Respondent's Guidelines income set at $100,000 for 2010 and $130,000 for 2011 and 2012 for child support purposes
  • Parties shall share future s.7 post-secondary expenses for C. and E. equally (50/50)