L.B. v. B.C.B.

L.B. v. B.C.B.

Sole custody of the two minor children is awarded to the plaintiff; defendant granted reasonable access per terms ordered. Defendant's Guidelines income fixed at $60,000 per year based on three‑year income history and market prospects; child support fixed at $816 per month including defendant's proportionate share...

Source-derived case information.

Citation
2003 BCSC 1564
Parties
Plaintiff: L.B.; Defendant: B.C.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 October 2003
Procedural Posture
Divorce Application for Divorce and Corollary Relief Under the Divorce Act / Application Hearing; Reasons for Judgment
Outcome
Application granted in part and denied in part: divorce ordered, sole custody to plaintiff, child support and access orders made, hardship and disclosure penalty claims denied.
Legal Topics
Child Support Guidelines, Calculation of Guideline Income, Extraordinary Expenses (s.7), Arrears of Child Support, Undue Hardship Under Guidelines S.10, Custody (sole), Access/visitation Terms, Financial Disclosure and Sanction (family Relations Act S.92)
Source Language
english
Family Law Child Support Custody and Access Spousal Support Family Procedure Child Support Guidelines Calculation of Guideline Income Extraordinary Expenses (s.7) +5 more

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Parties

L.B.

Plaintiff

B.C.B.

Defendant

Procedural Posture

Divorce Application for Divorce and Corollary Relief Under the Divorce Act / Application Hearing; Reasons for Judgment

Legal Issues

  1. 1 Whether plaintiff should be granted sole custody of the children
  2. 2 Appropriate access schedule for each child
  3. 3 Proper determination of defendant's Guidelines income for child support

Ratio Decidendi

Sole custody of the two minor children is awarded to the plaintiff; defendant granted reasonable access per terms ordered. Defendant's Guidelines income fixed at $60,000 per year based on three‑year income history and market prospects; child support fixed at $816 per month including defendant's proportionate share of extraordinary expenses of $730 per month; defendant's hardship application to cancel or reduce arrears denied; arrears fixed at $11,215 as of July 1, 2003; no penalty under Family Relations Act s.92(1) imposed despite deficient disclosure because it did not prevent a fair determination of Guidelines income.

Court Disposition

Application granted in part and denied in part: divorce ordered, sole custody to plaintiff, child support and access orders made, hardship and disclosure penalty claims denied.

Orders

  • Divorce to take effect 31 days after the date of this order
  • Plaintiff granted sole custody of G.K.B.B. and J.S.B.