S.K.R. v. K.S.D.

S.K.R. v. K.S.D.

K.D.'s applications for retroactive variation and cancellation of arrears are dismissed for failure to provide full, frank and timely financial disclosure, including corporate records necessary to apply Guidelines ss.18-19; prospectively the court imputes K.D.'s income to $200,000 and S.R.'s to $107,500 for child support calculations, orders K.D. to pay $736/month from July 1, 2021, establishes procedures for annual income exchange and sharing of future s.7 expenses, and awards costs to S.R.

Citation
2021 BCSC 1250
Parties
Claimant: S.K.R.; Respondent: K.S.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 June 2021
Procedural Posture
Family Law Child Support (divorce Act/guidelines) / Trial Judgment Following 5 Day Trial (reasons for Judgment)
Outcome
Applicant K.D.'s application dismissed except for prospective orders; prospective orders made for child support and s.7 expense procedure; costs awarded to S.R.
Legal Topics
Retroactive Variation, Imputation of Income (guidelines Ss.18 19), Section 7 Expenses, Shared Parenting (guidelines S.9), Disclosure Obligations, Corporate Veil / Corporate Ownership
Source Language
English
Family Law Child Support Divorce Act Retroactive Variation Imputation of Income (guidelines Ss.18 19) Section 7 Expenses Shared Parenting (guidelines S.9) Disclosure Obligations +1 more

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Parties

S.K.R.

Claimant

K.S.D.

Respondent

Procedural Posture

Family Law Child Support (divorce Act/guidelines) / Trial Judgment Following 5 Day Trial (reasons for Judgment)

Legal Issues

  1. 1 Whether payor (K.D.) is entitled to retroactive variation of child support and cancellation of arrears based on shared parenting and imputed income of recipient;
  2. 2 Whether recipient (S.R.) should be ordered to pay retroactive and ongoing child support to payor under s.9 set-off;
  3. 3 Whether K.D.'s corporate interests should be attributed to him for child support purposes under Guidelines ss.18-19 due to inadequate disclosure;

Ratio Decidendi

K.D.'s applications for retroactive variation and cancellation of arrears are dismissed for failure to provide full, frank and timely financial disclosure, including corporate records necessary to apply Guidelines ss.18-19; prospectively the court imputes K.D.'s income to $200,000 and S.R.'s to $107,500 for child support calculations, orders K.D. to pay $736/month from July 1, 2021, establishes procedures for annual income exchange and sharing of future s.7 expenses, and awards costs to S.R.

Court Disposition

Applicant K.D.'s application dismissed except for prospective orders; prospective orders made for child support and s.7 expense procedure; costs awarded to S.R.

Orders

  • K.D.'s application for retroactive recalculation and cancellation of arrears dismissed due to insufficient disclosure
  • K.D. to pay child support to S.R. in the amount of $736 per month commencing July 1, 2021 and continuing while S. remains a child of the marriage under the Divorce Act