A.L.B. v. L.E.M.D.

A.L.B. v. L.E.M.D.

Applying D.B.S. factors the Master found an enforceable agreement at $400/month from Dec 1, 2007 to June 1, 2011 and ordered that amount for that period; found claimant's refusal in June 2011 was blameworthy and therefore applied Guideline income to order $647/month from July 1, 2011; found claimant's income...

Source-derived case information.

Citation
2012 BCSC 1133
Parties
Claimant: A.L.B.; Respondent: L.E.M.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 July 2012
Procedural Posture
Child Support / Application Hearing (interim)
Outcome
Application granted in part: child support ordered for specified periods and costs awarded to respondent.
Legal Topics
Retroactive Child Support, Guideline Income Determination, Special and Extraordinary Expenses, Costs, Disclosure
Source Language
english
Family Law Child Support Retroactive Child Support Guideline Income Determination Special and Extraordinary Expenses Costs Disclosure

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Parties

A.L.B.

Claimant

L.E.M.D.

Respondent

Procedural Posture

Child Support / Application Hearing (interim)

Legal Issues

  1. 1 Whether retroactive child support should be ordered and for what periods
  2. 2 Whether the parties had an agreement limiting support to $400/month from 2007 to 2011
  3. 3 Proper Guideline income determination for 2011 and 2012 including Schedule III adjustments

Ratio Decidendi

Applying D.B.S. factors the Master found an enforceable agreement at $400/month from Dec 1, 2007 to June 1, 2011 and ordered that amount for that period; found claimant's refusal in June 2011 was blameworthy and therefore applied Guideline income to order $647/month from July 1, 2011; found claimant's income materially decreased in 2012 warranting a further reduction to $208/month from Jan 1, 2012; adjustments to income and hardship considerations were applied consistent with Schedule III and D.B.S.; costs awarded to respondent for delay and deficient disclosure.

Court Disposition

Application granted in part: child support ordered for specified periods and costs awarded to respondent.

Orders

  • Claimant to pay child support of $400 per month from December 1, 2007 to June 1, 2011
  • Claimant to pay child support of $647 per month commencing July 1, 2011 (pursuant to the Child Support Guidelines) with credit for payments made under prior agreement