N.M.F. v. H.B.F.

N.M.F. v. H.B.F.

There was uncontested non-payment of interim support; the court declared the respondent in breach and fixed arrears at $123,795 as of October 1, 2023, ordered payment within 30 days, found the respondent complied with the consent authorization regarding life insurance information so no broader life insurance order was required, declined to bar the respondent from setting his Variation Application for hearing despite disclosure concerns, and awarded special costs to the claimant for the application hearings due to the respondent's threatening and reprehensible conduct.

Citation
2023 BCSC 1936
Parties
Claimant: N.M.F.; Respondent: H.B.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 November 2023
Procedural Posture
Family Law Enforcement of Interim Child and Spousal Support / Application Hearing / Interim Enforcement (july 27 and September 28, 2023)
Outcome
Declaration of breach and arrears; order for payment; respondent found to have complied with life insurance authorization; Variation Application not barred; special costs awarded.
Legal Topics
Interim Support, Arrears Declaration and Enforcement, Life Insurance Beneficiary and Proof, Document Production and Discovery, Variation of Support, Costs Special Costs, Jurisdictional Enforcement (foreign Residence)
Source Language
English
Family Law Enforcement Support Civil Procedure Disclosure Interim Support Arrears Declaration and Enforcement Life Insurance Beneficiary and Proof Document Production and Discovery +3 more

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Parties

N.M.F.

Claimant

H.B.F.

Respondent

Procedural Posture

Family Law Enforcement of Interim Child and Spousal Support / Application Hearing / Interim Enforcement (july 27 and September 28, 2023)

Legal Issues

  1. 1 Whether the respondent breached the Interim Support Order by failing to pay interim child and spousal support
  2. 2 Whether the court should declare the amount of arrears and order immediate payment
  3. 3 Whether the respondent complied with the life insurance beneficiary and disclosure requirements

Ratio Decidendi

There was uncontested non-payment of interim support; the court declared the respondent in breach and fixed arrears at $123,795 as of October 1, 2023, ordered payment within 30 days, found the respondent complied with the consent authorization regarding life insurance information so no broader life insurance order was required, declined to bar the respondent from setting his Variation Application for hearing despite disclosure concerns, and awarded special costs to the claimant for the application hearings due to the respondent's threatening and reprehensible conduct.

Court Disposition

Declaration of breach and arrears; order for payment; respondent found to have complied with life insurance authorization; Variation Application not barred; special costs awarded.

Orders

  • Declaration that the respondent has not complied with the Interim Support Order and owes interim child and spousal support arrears of $123,795 as of October 1, 2023
  • Order that the respondent pay the claimant $123,795 within 30 days of the date of this order unless the parties agree otherwise or the court orders otherwise