T.L.I. v. E.I.

T.L.I. v. E.I.

Respondent engaged in blameworthy conduct by refusing to provide financial disclosure, unreasonably insisting on a narrow interpretation of review dates and impeding mediation; claimant's delay was excused in part by respondent's stonewalling; effective retroactivity was set to 2010 (next even review year following disclosure) and arrears fixed at $8,520; respondent ordered to pay $1,000 under the Agreement, future child support per Guidelines, and 50% of future special and extraordinary expenses; parties given leave to adduce evidence on which activities qualify as school-sponsored for retroactive expense awards.

Citation
2016 BCSC 2230
Parties
Claimant: T.L.I.; Respondent: E.I.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 November 2016
Procedural Posture
Family Law Child Support and Separation Agreement Review / Application for Review of Child Support; Reasons for Judgment (final)
Outcome
Application granted in part
Legal Topics
Retroactive Child Support, Special and Extraordinary Expenses, Mediation, Blameworthy Conduct, Effective Notice, Child of the Marriage, Costs
Source Language
English
Family Law Child Support Separation Agreement Divorce Act Family Law Act Retroactive Child Support Special and Extraordinary Expenses Mediation +4 more

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Parties

T.L.I.

Claimant

E.I.

Respondent

Procedural Posture

Family Law Child Support and Separation Agreement Review / Application for Review of Child Support; Reasons for Judgment (final)

Legal Issues

  1. 1 Whether retroactive child support should be ordered and from what date
  2. 2 Whether respondent engaged in blameworthy conduct by refusing disclosure and stalling review
  3. 3 Whether claimant's delay in seeking review was excusable

Ratio Decidendi

Respondent engaged in blameworthy conduct by refusing to provide financial disclosure, unreasonably insisting on a narrow interpretation of review dates and impeding mediation; claimant's delay was excused in part by respondent's stonewalling; effective retroactivity was set to 2010 (next even review year following disclosure) and arrears fixed at $8,520; respondent ordered to pay $1,000 under the Agreement, future child support per Guidelines, and 50% of future special and extraordinary expenses; parties given leave to adduce evidence on which activities qualify as school-sponsored for retroactive expense awards.

Court Disposition

Application granted in part

Orders

  • Respondent to pay $8,520 in retroactive child support
  • Respondent to pay $1,000 as contribution toward claimant's legal fees pursuant to clause 53(d) of the Separation Agreement