A.P. v. H.P.

A.P. v. H.P.

Because the respondent failed to provide timely financial disclosure and the calculated overpayment by the claimant would impose hardship on the respondent, the court declared the claimant not in arrears, dismissed FMEP enforcement, awarded a limited repayment to the claimant of amounts paid since the notice of application ($254 per month, totalling $762 to date), ordered prospective child support of $746 per month for 2017 (to be adjusted after Jan 1, 2018), and awarded costs against the respondent on the average level of difficulty.

Citation
2017 BCSC 955
Parties
Claimant: A.P.; Respondent: H.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 June 2017
Procedural Posture
Family Law Child Support Enforcement / Chambers Application for Declaration and Enforcement Restraint
Outcome
Application granted in part: declaration claimant not in arrears; FMEP enforcement dismissed; limited repayment ordered; prospective support set; costs awarded to claimant
Legal Topics
Retroactive Child Support, Disclosure Obligations, FMEP Enforcement, Separation Agreement Interpretation, Costs
Source Language
English
Family Law Child Support Enforcement Retroactive Child Support Disclosure Obligations FMEP Enforcement Separation Agreement Interpretation Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

A.P.

Claimant

H.P.

Respondent

Procedural Posture

Family Law Child Support Enforcement / Chambers Application for Declaration and Enforcement Restraint

Legal Issues

  1. 1 Whether the claimant owed arrears of child support for 2013–2017
  2. 2 Whether FMEP enforcement and judgment on title should be restrained or dismissed
  3. 3 Whether respondent's failure to disclose income justified claimant's unilateral reduction and limited repayment to claimant

Ratio Decidendi

Because the respondent failed to provide timely financial disclosure and the calculated overpayment by the claimant would impose hardship on the respondent, the court declared the claimant not in arrears, dismissed FMEP enforcement, awarded a limited repayment to the claimant of amounts paid since the notice of application ($254 per month, totalling $762 to date), ordered prospective child support of $746 per month for 2017 (to be adjusted after Jan 1, 2018), and awarded costs against the respondent on the average level of difficulty.

Court Disposition

Application granted in part: declaration claimant not in arrears; FMEP enforcement dismissed; limited repayment ordered; prospective support set; costs awarded to claimant

Orders

  • Declaration that the claimant is not in arrears for child support and that FMEP enforcement procedures are dismissed
  • Respondent to pay $762 to the claimant representing overpayments by the claimant for the months since filing of the notice of application