A.S. v. L.H.S.

A.S. v. L.H.S.

Spousal support under the interim order terminated on granting of the final divorce order by reason of the parties' agreement and the petitioner’s conduct and that portion of the judgment is statute barred; the interim child support order survived the final order under the Divorce Act interpretation protecting children’s rights, but all arrears that accumulated since the final order are cancelled as it would be grossly unfair to enforce them given the respondent's long‑term incapacity and impecuniosity; respondent is not required to pay child support at this time but must provide annual income information beginning May 1, 2004 until the children cease to be children under the Divorce Act.

Citation
2004 BCSC 166
Parties
Petitioner: A.S.; Respondent: L.H.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 February 2004
Procedural Posture
Divorce/family Law / Application to Set Aside Interim Order; Reasons for Judgment (decision)
Outcome
Application partly granted
Legal Topics
Interim Orders, Final Orders, Child Support, Spousal Support, Arrears Cancellation, Limitation, Enforcement, Retroactivity, Family Relations Act S.96, Divorce Act S.15
Source Language
English
Family Law Divorce Maintenance/support Civil Procedure Statutory Interpretation Interim Orders Final Orders Child Support +7 more

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Parties

A.S.

Petitioner

L.H.S.

Respondent

Procedural Posture

Divorce/family Law / Application to Set Aside Interim Order; Reasons for Judgment (decision)

Legal Issues

  1. 1 Whether an interim support order made prior to final divorce survives the final order
  2. 2 Whether arrears, interest and penalties accumulated under the interim order should be cancelled
  3. 3 Whether spousal support terminated on final order by agreement and is statute barred

Ratio Decidendi

Spousal support under the interim order terminated on granting of the final divorce order by reason of the parties' agreement and the petitioner’s conduct and that portion of the judgment is statute barred; the interim child support order survived the final order under the Divorce Act interpretation protecting children’s rights, but all arrears that accumulated since the final order are cancelled as it would be grossly unfair to enforce them given the respondent's long‑term incapacity and impecuniosity; respondent is not required to pay child support at this time but must provide annual income information beginning May 1, 2004 until the children cease to be children under the Divorce Act.

Court Disposition

Application partly granted

Orders

  • Interim spousal support order did not survive the final order and spousal support terminated upon the final order; the spousal portion of the judgment is statute barred under s.3(3) of the Limitation Act
  • Interim child support order survived the final order