L.E.S. v. J.C.S.

L.E.S. v. J.C.S.

Because the child is enrolled in an approved post-secondary program with respondent's agreement and remains dependent, she remains a 'child' for support; respondent's Guideline income ($184,332) governs table child support for periods the child resides with claimant, s.7 educational and related expenses are necessary and reasonable and must be shared proportionately, claimant demonstrated prima facie entitlement to interim spousal support and need and respondent ability to pay justify mid-range SSAG support with no income imputed to claimant, and claimant as economically disadvantaged spouse is entitled to an interim distribution from trust funds under s.89 FLA; respondent's request for...

Citation
2021 BCSC 1733
Parties
Claimant: L.E.S.; Respondent: J.C.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 September 2021
Procedural Posture
Family Law (support and Property) / Interim Applications (chambers); Pre Trial Interim Relief
Outcome
Claimant's applications granted in part and respondent's application for interim distribution dismissed; claimant awarded specified interim child support, interim spousal support, contribution to s.7 expenses, interim distribution from trust funds, and costs in the cause.
Legal Topics
Interim Distribution, S.7 Special Expenses, Family Violence, Spousal Support Advisory Guidelines, Federal Child Support Guidelines, Imputation of Income, Disclosure, S.89 FLA
Source Language
English
Family Law Child Support Spousal Support Property Division Interim Relief Costs Interim Distribution S.7 Special Expenses +6 more

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Parties

L.E.S.

Claimant

J.C.S.

Respondent

Procedural Posture

Family Law (support and Property) / Interim Applications (chambers); Pre Trial Interim Relief

Legal Issues

  1. 1 Whether child support should continue for an 18/19 year old attending post-secondary studies and the amount and timing of interim child support
  2. 2 Whether interim spousal support should be ordered, its amount, retroactivity and imputation of income
  3. 3 Whether s.7 special (post-secondary) expenses should be shared and the respondent's proportionate share

Ratio Decidendi

Because the child is enrolled in an approved post-secondary program with respondent's agreement and remains dependent, she remains a 'child' for support; respondent's Guideline income ($184,332) governs table child support for periods the child resides with claimant, s.7 educational and related expenses are necessary and reasonable and must be shared proportionately, claimant demonstrated prima facie entitlement to interim spousal support and need and respondent ability to pay justify mid-range SSAG support with no income imputed to claimant, and claimant as economically disadvantaged spouse is entitled to an interim distribution from trust funds under s.89 FLA; respondent's request for...

Court Disposition

Claimant's applications granted in part and respondent's application for interim distribution dismissed; claimant awarded specified interim child support, interim spousal support, contribution to s.7 expenses, interim distribution from trust funds, and costs in the cause.

Orders

  • Respondent to pay child support in the table amount of $1,624 per month for the four-month university break in 2021; arrears for 2021 of $6,496 payable forthwith
  • If trial has not proceeded respondent to pay child support of $1,624 per month commencing May 1, 2022 for the four-month university break in 2022