W.P.K.H. v. G.R.K.

W.P.K.H. v. G.R.K.

The applicant failed to establish a material change in circumstances that would justify varying the existing child support order. Independent expert evidence (Chartered Business Valuator) and the court's assessment showed sufficient available income to support the existing order set by Adair J., who had already set support below the table amount after considering the children's needs, means and circumstances. Consequently the variation application is dismissed, the request to pay the eldest daughter directly is denied because the mother will meet extraordinary expenses and the daughter has significant psychological needs, and no court-ordered family trust arrangement is made.

Citation
2012 BCSC 1944
Parties
Claimant: W.P.K.H.; Respondent: G.R.K.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 December 2012
Procedural Posture
Family Law Variation of Child and Spousal Support / Application Hearing and Judgment on Notice of Application to Vary Support Orders
Outcome
Notice of Application dismissed in its entirety
Legal Topics
Child Support Guidelines, Section 7 Expenses, Variation for Material Change in Circumstances, Retroactive Child Support, Direct Payment to Child, Family Trust Arrangements
Source Language
English
Family Law Child Support Spousal Support Income Attribution/corporate Income Child Support Guidelines Section 7 Expenses Variation for Material Change in Circumstances Retroactive Child Support +2 more

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Parties

W.P.K.H.

Claimant

G.R.K.

Respondent

Procedural Posture

Family Law Variation of Child and Spousal Support / Application Hearing and Judgment on Notice of Application to Vary Support Orders

Legal Issues

  1. 1 Whether there has been a material change in circumstances to justify variation of child support
  2. 2 Whether section 7 expenses should be apportioned or varied
  3. 3 Whether child support may be paid directly to the eldest daughter

Ratio Decidendi

The applicant failed to establish a material change in circumstances that would justify varying the existing child support order. Independent expert evidence (Chartered Business Valuator) and the court's assessment showed sufficient available income to support the existing order set by Adair J., who had already set support below the table amount after considering the children's needs, means and circumstances. Consequently the variation application is dismissed, the request to pay the eldest daughter directly is denied because the mother will meet extraordinary expenses and the daughter has significant psychological needs, and no court-ordered family trust arrangement is made.

Court Disposition

Notice of Application dismissed in its entirety

Orders

  • Application to vary child support dismissed
  • Application to apportion section 7 expenses dismissed