A.J.B. v. D.M.D.

A.J.B. v. D.M.D.

Due to inadequate and late disclosure by the respondent the court averaged each party's income over the prior three years. The respondent's averaged income was calculated at $182,664.76 and the claimant's at $73,930.07. Applying s.9 shared custody principles and accounting for the claimant's proportionate share of children’s expenses (35% deduction of respondent‑paid expenses), the court awarded interim child support of $950/month and interim spousal support at the low end of the SSAG range of $1,194/month. Corporate net income was not added to respondent's income. Retroactive support was declined pending full disclosure. Costs of $1,000 were awarded to the claimant.

Citation
2013 BCSC 128
Parties
Claimant: A.J.B.; Respondent: D.M.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 January 2013
Procedural Posture
Family Law Support and Custody / Interim Application (chambers Motion)
Outcome
Interim order granted: claimant awarded monthly child support and interim spousal support; no retroactive support ordered; no additional s.7 sharing ordered; costs awarded to claimant.
Legal Topics
Shared Custody (s.9), Section 7 Special or Extraordinary Expenses, Income Determination and Averaging, Interim Spousal Support, Retroactive Support, Disclosure Non Compliance, Costs
Source Language
English
Family Law Child Support Spousal Support Custody and Access Financial Disclosure Shared Custody (s.9) Section 7 Special or Extraordinary Expenses Income Determination and Averaging +4 more

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Parties

A.J.B.

Claimant

D.M.D.

Respondent

Procedural Posture

Family Law Support and Custody / Interim Application (chambers Motion)

Legal Issues

  1. 1 How to determine each party's income for interim relief
  2. 2 Quantum of child support under s.9 shared custody
  3. 3 Whether and how to share s.7 special/extraordinary expenses

Ratio Decidendi

Due to inadequate and late disclosure by the respondent the court averaged each party's income over the prior three years. The respondent's averaged income was calculated at $182,664.76 and the claimant's at $73,930.07. Applying s.9 shared custody principles and accounting for the claimant's proportionate share of children’s expenses (35% deduction of respondent‑paid expenses), the court awarded interim child support of $950/month and interim spousal support at the low end of the SSAG range of $1,194/month. Corporate net income was not added to respondent's income. Retroactive support was declined pending full disclosure. Costs of $1,000 were awarded to the claimant.

Court Disposition

Interim order granted: claimant awarded monthly child support and interim spousal support; no retroactive support ordered; no additional s.7 sharing ordered; costs awarded to claimant.

Orders

  • Respondent to pay claimant $950 per month in child support commencing January 1, 2013 and continuing on the 1st of each month thereafter
  • Respondent to pay claimant $1,194 per month in spousal support commencing January 1, 2013 and continuing on the 1st of each month thereafter