L.C.E. v. E.S.B.

L.C.E. v. E.S.B.

Court recalculated and adjusted the respondent's income for guideline purposes (excluding certain non‑recurring GST/company adjustments and some dividends, and imputing modest benefits), found a material change of circumstances justifying variation of spousal support, terminated spousal support to a nominal $1/year effective October 1, 2012, ordered revised guideline child support of $1,422/month commencing July 1, 2012, ordered child care contribution of $275/month commencing October 1, 2012, required exchange of corporate financial documents for future adjustments, and offset retroactive child support against child care amounts to October 1, 2012; each party to bear own costs.

Citation
2012 BCSC 1430
Parties
Claimant: L.C.E.; Respondent: E.S.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 September 2012
Procedural Posture
Family Law (divorce Act) / Application to Vary Child and Spousal Support Following Trial and Ordered Review
Outcome
Application granted in part and denied in part: child support and childcare contributions varied; spousal support reduced to nominal amount; parties to bear own costs.
Legal Topics
Variation of Support, Retroactive Child Support, Child Care Expenses, Income Imputation, Spousal Support Advisory Guidelines, Set Off/credits
Source Language
English
Family Law Child Support Spousal Support Property Division Income Assessment Variation of Support Retroactive Child Support Child Care Expenses +3 more

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Parties

L.C.E.

Claimant

E.S.B.

Respondent

Procedural Posture

Family Law (divorce Act) / Application to Vary Child and Spousal Support Following Trial and Ordered Review

Legal Issues

  1. 1 Whether respondent's income should be adjusted/imputed for guideline child support for 2010-2011
  2. 2 Whether spousal support should be varied given payee's subsequent employment and compensatory factors
  3. 3 Whether child support payable should be recalculated and applied with credits/set-offs

Ratio Decidendi

Court recalculated and adjusted the respondent's income for guideline purposes (excluding certain non‑recurring GST/company adjustments and some dividends, and imputing modest benefits), found a material change of circumstances justifying variation of spousal support, terminated spousal support to a nominal $1/year effective October 1, 2012, ordered revised guideline child support of $1,422/month commencing July 1, 2012, ordered child care contribution of $275/month commencing October 1, 2012, required exchange of corporate financial documents for future adjustments, and offset retroactive child support against child care amounts to October 1, 2012; each party to bear own costs.

Court Disposition

Application granted in part and denied in part: child support and childcare contributions varied; spousal support reduced to nominal amount; parties to bear own costs.

Orders

  • When adjusting child support pursuant to the Guidelines E.S.B. shall include the numbered company's financial statements and tax returns
  • E.S.B. shall pay to L.C.E. $1.00 per year as spousal support