G.D. v. L.E.

G.D. v. L.E.

The claimant's credibility was impaired and the respondent contributed inheritance and ongoing income; however the evidence did not justify immediate reapportionment or sale. The court ordered a six-month postponement to explore subdivision, required removal and inventorying of claimant's personal property, awarded retroactive child support of $1,080 and ongoing support of $280 per month from May 1, 2013, and reserved the option to reconsider contempt if orders are not complied with.

Citation
2013 BCSC 798
Parties
Claimant: G. D.; Respondent: L. E.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 May 2013
Procedural Posture
Divorce / Judgment (trial)
Outcome
Court ordered postponement of property division to permit subdivision inquiries; ordered retroactive and ongoing child support; procedural and compliance orders issued; costs reserved.
Legal Topics
Reapportionment, Family Home, Child Support Guidelines, Credibility, Contempt, Property Subdivision
Source Language
English
Family Law Divorce Property Division Child Support Reapportionment Family Home Child Support Guidelines Credibility +2 more

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Parties

G. D.

Claimant

L. E.

Respondent

Procedural Posture

Divorce / Judgment (trial)

Legal Issues

  1. 1 Whether to order sale or reapportionment of the family home
  2. 2 Whether subdivision is feasible to allow respondent to retain the house and claimant to realize value
  3. 3 Amount of retroactive and ongoing child support

Ratio Decidendi

The claimant's credibility was impaired and the respondent contributed inheritance and ongoing income; however the evidence did not justify immediate reapportionment or sale. The court ordered a six-month postponement to explore subdivision, required removal and inventorying of claimant's personal property, awarded retroactive child support of $1,080 and ongoing support of $280 per month from May 1, 2013, and reserved the option to reconsider contempt if orders are not complied with.

Court Disposition

Court ordered postponement of property division to permit subdivision inquiries; ordered retroactive and ongoing child support; procedural and compliance orders issued; costs reserved.

Orders

  • Postpone division of the family property for six months, to November 1, 2013, to allow exploration of subdivision
  • If subdivision not feasible before November 1, 2013, parties may return to court for further order as to division of the property