C.A.W. v. K.C.S.

C.A.W. v. K.C.S.

The fairest determination of the claimant's Guideline income was her estimated 2017 income rounded to $95,000 given income fluctuation and the absence of ongoing contracts; respondent's late challenges to the claimant's reported income and expenses were dismissed; s.7 expenses allocated 60% to respondent and 40% to...

Source-derived case information.

Citation
2018 BCSC 551
Parties
Claimant: C.A.W.; Respondent: K.C.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 April 2018
Procedural Posture
Family Law Child Support and S.7 Expenses / Summary Trial; Reasons for Judgment and Supplemental Ruling
Outcome
Claimant's Guideline income set at $95,000; respondent ordered to pay 60% of s.7 expenses; claimant to pay 40%; respondent ordered to reinstate children as sole life insurance beneficiaries by April 20, 2018 and provide proof.
Legal Topics
Section 7 Expenses, Guideline Income Determination, Imputation of Income, Beneficiary Designation Breach
Source Language
english
Family Law Child Support Separation Agreement Insurance Income Attribution Section 7 Expenses Guideline Income Determination Imputation of Income +1 more

Source-derived case record

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Parties

C.A.W.

Claimant

K.C.S.

Respondent

Procedural Posture

Family Law Child Support and S.7 Expenses / Summary Trial; Reasons for Judgment and Supplemental Ruling

Legal Issues

  1. 1 Determination of the claimant's Guideline income for apportioning s.7 expenses
  2. 2 Whether a multi-year average or a single-year estimate best reflects the claimant's income given fluctuation and a non‑recurring contract
  3. 3 Whether the respondent breached the separation agreement by changing life insurance beneficiaries

Ratio Decidendi

The fairest determination of the claimant's Guideline income was her estimated 2017 income rounded to $95,000 given income fluctuation and the absence of ongoing contracts; respondent's late challenges to the claimant's reported income and expenses were dismissed; s.7 expenses allocated 60% to respondent and 40% to claimant with annual adjustment according to claimant's income; respondent was ordered to reinstate his children as sole beneficiaries of his life insurance by April 20, 2018.

Court Disposition

Claimant's Guideline income set at $95,000; respondent ordered to pay 60% of s.7 expenses; claimant to pay 40%; respondent ordered to reinstate children as sole life insurance beneficiaries by April 20, 2018 and provide proof.

Orders

  • The claimant's income for the purpose of calculating the pro-rata share of s.7 expenses is $95,000.
  • The parties shall share s.7 expenses with the respondent being responsible for 60% and the claimant 40%.