Lemire v. Lemire

Lemire v. Lemire

The lump-sum pension payment of $49,955 received by the respondent in 2013 is included in his Guideline income for 2013; on the facts and calculations the respondent owes retroactive child support in the aggregate amount of $41,906 (rounded) for 2013-2016 based on Line 150 incomes and established table amounts; the...

Source-derived case information.

Citation
2016 BCSC 2340
Parties
Claimant: Cara Lee Lemire (Nielsen); Respondent: Keith Marcel Lemire
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 December 2016
Procedural Posture
Family Child Support and Parenting / Application for Child Support, Special Expenses and Parenting Orders (reasons for Judgment)
Outcome
Application granted in part and denied in part: retroactive child support awarded, lump-sum pension included in income, special expense allocations ordered, parenting schedule varied, no pre-emptive penalty for tax non-disclosure; costs awarded to claimant.
Legal Topics
Retroactive Child Support, Federal Child Support Guidelines Income Calculation, Special and Extraordinary Expenses (s.7), Disclosure and Tax Returns, Parenting Schedule/notice, Enforcement/registration
Source Language
english
Family Law Child Support Parenting/contact Retroactive Child Support Federal Child Support Guidelines Income Calculation Special and Extraordinary Expenses (s.7) Disclosure and Tax Returns Parenting Schedule/notice +1 more

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Parties

Cara Lee Lemire (Nielsen)

Claimant

Keith Marcel Lemire

Respondent

Procedural Posture

Family Child Support and Parenting / Application for Child Support, Special Expenses and Parenting Orders (reasons for Judgment)

Legal Issues

  1. 1 Whether respondent must pay retroactive child support for 2013 and 2014 (and consideration of 2015-2016)
  2. 2 Whether a lump-sum pension/RRSP withdrawal ($49,955) is includable in respondent's Guideline income for 2013
  3. 3 Whether the court may impose a pre-emptive penalty for failing to provide tax returns by June 1 each year

Ratio Decidendi

The lump-sum pension payment of $49,955 received by the respondent in 2013 is included in his Guideline income for 2013; on the facts and calculations the respondent owes retroactive child support in the aggregate amount of $41,906 (rounded) for 2013-2016 based on Line 150 incomes and established table amounts; the court will not impose a pre-emptive penalty for failure to provide tax returns; special and extraordinary expenses from January 2016 are allocated 58% to respondent and 42% to claimant (estimated incomes $50,000 and $36,000 respectively); respondent’s parenting time is fixed to alternate weekends with detailed pickup/return, communications and clothing provisions; orthodontic...

Court Disposition

Application granted in part and denied in part: retroactive child support awarded, lump-sum pension included in income, special expense allocations ordered, parenting schedule varied, no pre-emptive penalty for tax non-disclosure; costs awarded to claimant.

Orders

  • Respondent's 2013 lump-sum pension of $49,955 is included in his 2013 Guideline income.
  • Retroactive child support owing by respondent to claimant for 2013-2016 determined at $41,906 (rounded) subject to certification and adjustment by the Registrar if payments/arrears differ from court assumptions.