D.M.P. v. H.P.P.

D.M.P. v. H.P.P.

Apply the Guidelines to set child support at $650/month based on assessed annual income of $46,500 for the payer; because a single income could not sustain the family, impute a responsibility on the former homemaker to seek work and order interim spousal support of $1,100/month to equitably share the family income, effective August 1, 2002 and expiring January 31, 2003, with credit for prior payments and reporting obligations for other income.

Citation
2002 BCSC 1287
Parties
Plaintiff: D.M.P.; Defendant: H.P.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 September 2002
Procedural Posture
Family Law Custody, Guardianship, Access, Child Support and Spousal Support / Application Hearing; Reasons for Judgment (interim Support Orders)
Outcome
Interim orders made: guardianship, custody and access orders granted; s.57 declaration made; child support and spousal support ordered; costs reserved to be dealt with in writing or costs in the cause.
Legal Topics
Child Support Guidelines, Imputation of Income, Spousal Support Entitlement and Quantum, Interim Income Sharing, Matrimonial Tax Tables, Section 57 Declaration
Source Language
English
Family Law Child Support Spousal Support Custody and Access Guardianship Interim Relief Child Support Guidelines Imputation of Income +4 more

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Parties

D.M.P.

Plaintiff

H.P.P.

Defendant

Procedural Posture

Family Law Custody, Guardianship, Access, Child Support and Spousal Support / Application Hearing; Reasons for Judgment (interim Support Orders)

Legal Issues

  1. 1 Entitlement to custody, guardianship and access
  2. 2 Calculation of child support under the Guidelines
  3. 3 Entitlement to and quantum of spousal support

Ratio Decidendi

Apply the Guidelines to set child support at $650/month based on assessed annual income of $46,500 for the payer; because a single income could not sustain the family, impute a responsibility on the former homemaker to seek work and order interim spousal support of $1,100/month to equitably share the family income, effective August 1, 2002 and expiring January 31, 2003, with credit for prior payments and reporting obligations for other income.

Court Disposition

Interim orders made: guardianship, custody and access orders granted; s.57 declaration made; child support and spousal support ordered; costs reserved to be dealt with in writing or costs in the cause.

Orders

  • Orders regarding guardianship, custody and access granted (details in reasons)
  • s.57 declaration granted