Querido v. Querido

Querido v. Querido

Plaintiff is entitled to child support under the Guidelines. Defendant's guideline income is averaged and calculated at $63,680/year producing basic child support of $526/month. Certain s.7 expenses are necessary and reasonable but must be limited by the defendant's capacity to pay; a total s.7 contribution of $400/month is ordered. The plaintiff is found not able to work given the full‑time ABA and care demands; however the defendant lacks capacity to pay interim spousal support, so that application is adjourned.

Citation
2000 BCSC 1762
Parties
Plaintiff: Kimberly-Jo Querido; Defendant: Franklin Albert Querido
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 December 2000
Procedural Posture
Divorce Act Corollary Relief (child and Spousal Support) / Interim Application (hearing Before Master)
Outcome
Partial relief for child support under the Guidelines granted; limited s.7 contribution ordered; interim spousal support adjourned for lack of defendant capacity to pay.
Legal Topics
Child Support Guidelines, S.7 Extraordinary Expenses, Capacity to Earn, Capacity to Pay, Interim Relief
Source Language
English
Family Law Child Support Spousal Support Divorce Child Support Guidelines S.7 Extraordinary Expenses Capacity to Earn Capacity to Pay +1 more

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Parties

Kimberly-Jo Querido

Plaintiff

Franklin Albert Querido

Defendant

Procedural Posture

Divorce Act Corollary Relief (child and Spousal Support) / Interim Application (hearing Before Master)

Legal Issues

  1. 1 Whether child support should be determined under the Child Support Guidelines
  2. 2 Calculation of payor's guideline income and basic child support
  3. 3 Which s.7 extraordinary expenses are necessary and reasonable and allocation between parties

Ratio Decidendi

Plaintiff is entitled to child support under the Guidelines. Defendant's guideline income is averaged and calculated at $63,680/year producing basic child support of $526/month. Certain s.7 expenses are necessary and reasonable but must be limited by the defendant's capacity to pay; a total s.7 contribution of $400/month is ordered. The plaintiff is found not able to work given the full‑time ABA and care demands; however the defendant lacks capacity to pay interim spousal support, so that application is adjourned.

Court Disposition

Partial relief for child support under the Guidelines granted; limited s.7 contribution ordered; interim spousal support adjourned for lack of defendant capacity to pay.

Orders

  • Defendant to pay basic child support of $526 per month under the Child Support Guidelines.
  • Defendant to contribute a total of $400 per month towards s.7 extraordinary expenses for the child (interim).