R.A.V. v. J.M.M

R.A.V. v. J.M.M

Retroactive child support for 2013-2014 is denied because the recipient did not give effective notice until February 2015 and both parties contributed to delay; the Respondent's conduct was not blameworthy; prospectively, effective March 1, 2015 the Respondent shall pay a shared-custody set-off amount of $900 per...

Source-derived case information.

Citation
2016 BCSC 1377
Parties
Claimant: R.A.V.; Respondent: J.M.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 June 2016
Procedural Posture
Family Law Child Support Variation / Application (chambers Oral Reasons)
Outcome
Application dismissed in part (retroactive relief and retroactive s.7 expenses) and granted in part (variation of Agreement para.42(c) to order ongoing child support prospectively).
Legal Topics
Retroactive Child Support, Set Off Calculation Under S.9 of Federal Child Support Guidelines, S.7 Special and Extraordinary Expenses, Disclosure Obligations, Effect of New Partner's Income, Variation and Enforcement of Separation Agreement
Source Language
english
Family Law Child Support Shared Custody Disclosure Retroactive Child Support Set Off Calculation Under S.9 of Federal Child Support Guidelines S.7 Special and Extraordinary Expenses Disclosure Obligations +2 more

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Parties

R.A.V.

Claimant

J.M.M.

Respondent

Procedural Posture

Family Law Child Support Variation / Application (chambers Oral Reasons)

Legal Issues

  1. 1 Whether retroactive child support is warranted for 2013-2014
  2. 2 Appropriate quantum of ongoing child support under s.9 of the Federal Child Support Guidelines (set-off method)
  3. 3 Whether recipient's new spouse's income should be imputed or considered

Ratio Decidendi

Retroactive child support for 2013-2014 is denied because the recipient did not give effective notice until February 2015 and both parties contributed to delay; the Respondent's conduct was not blameworthy; prospectively, effective March 1, 2015 the Respondent shall pay a shared-custody set-off amount of $900 per month (two payments of $450 on 1st and 15th) based on the s.9 analysis and consideration of incomes, standards of living and the parties' Agreement; annual disclosure obligations ordered to permit future recalculation.

Court Disposition

Application dismissed in part (retroactive relief and retroactive s.7 expenses) and granted in part (variation of Agreement para.42(c) to order ongoing child support prospectively).

Orders

  • Claimant's claim for retroactive child support for 2013 and 2014 dismissed.
  • Claimant's claim for retroactive s.7 and extraordinary expenses from January 1, 2013 dismissed.