R.J.K. v. F.M.S.

R.J.K. v. F.M.S.

Applicant failed to prove a material change in circumstances or inability to earn the income imputed by Master Scarth; applicant's failure to produce tax returns and inadequate evidence of job search undermined claim of reasonable unemployment; therefore variation of child support and cancellation or reduction of...

Source-derived case information.

Citation
2017 BCSC 1318
Parties
Claimant: R.J.K.; Respondent: F.M.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 July 2017
Procedural Posture
Divorce/child Support / Application to Vary Child Support Judgment
Outcome
Application dismissed: variation of child support denied; application to cancel or reduce arrears denied; respondent awarded costs payable forthwith after assessment by the Registrar.
Legal Topics
Variation of Child Support, Imputed Income, Arrears Cancellation, Section 7 Expenses, Costs
Source Language
english
Family Law Child Support Divorce Enforcement Variation of Child Support Imputed Income Arrears Cancellation Section 7 Expenses +1 more

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Parties

R.J.K.

Claimant

F.M.S.

Respondent

Procedural Posture

Divorce/child Support / Application to Vary Child Support Judgment

Legal Issues

  1. 1 Whether there has been a material change in circumstances to vary child support
  2. 2 Whether the payor is reasonably unemployed or underemployed for imputation purposes
  3. 3 Whether arrears should be reduced or cancelled as being grossly unfair

Ratio Decidendi

Applicant failed to prove a material change in circumstances or inability to earn the income imputed by Master Scarth; applicant's failure to produce tax returns and inadequate evidence of job search undermined claim of reasonable unemployment; therefore variation of child support and cancellation or reduction of arrears are denied; respondent awarded costs.

Court Disposition

Application dismissed: variation of child support denied; application to cancel or reduce arrears denied; respondent awarded costs payable forthwith after assessment by the Registrar.

Orders

  • Application to vary the 2015 child support order dismissed.
  • Application to cancel or reduce child support arrears dismissed.