L.D.F. v. S.J.F.

L.D.F. v. S.J.F.

The defendant met the 40% threshold (court found 40.8% including school holidays) but failed to provide the financial disclosure required by Contino to establish a reduction under s.9; accordingly the application was adjourned and the defendant was ordered to provide a current financial statement and an affidavit quantifying his household costs before the matter is relisted not earlier than December 2010 and not before November 30, 2010, with the plaintiff permitted one replying affidavit.

Citation
2010 BCSC 1055
Parties
Plaintiff: L.D.F.; Defendant: S.J.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 July 2010
Procedural Posture
Family Law Child Support Variation / Motion to Reduce Child Support Under S.9 Adjourned for Further Evidence
Outcome
Application adjourned for further disclosure and evidence; directions issued to parties
Legal Topics
Section 9 Child Support Guidelines, Shared Custody/time‑sharing Calculation, Evidence and Disclosure Obligations, Income Characterization (disability Benefits)
Source Language
English
Family Law Child Support Civil Procedure Section 9 Child Support Guidelines Shared Custody/time‑sharing Calculation Evidence and Disclosure Obligations Income Characterization (disability Benefits)

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Parties

L.D.F.

Plaintiff

S.J.F.

Defendant

Procedural Posture

Family Law Child Support Variation / Motion to Reduce Child Support Under S.9 Adjourned for Further Evidence

Legal Issues

  1. 1 Whether s.9 of the Federal Child Support Guidelines is triggered by the defendant having >=40% of time with the child
  2. 2 Whether school holiday time is included in the time calculation
  3. 3 Whether the defendant provided adequate financial disclosure required under Contino to justify a reduction

Ratio Decidendi

The defendant met the 40% threshold (court found 40.8% including school holidays) but failed to provide the financial disclosure required by Contino to establish a reduction under s.9; accordingly the application was adjourned and the defendant was ordered to provide a current financial statement and an affidavit quantifying his household costs before the matter is relisted not earlier than December 2010 and not before November 30, 2010, with the plaintiff permitted one replying affidavit.

Court Disposition

Application adjourned for further disclosure and evidence; directions issued to parties