B.G.P. v. L.M.P.

B.G.P. v. L.M.P.

Court rejected claimant's account that incomes were similar at separation and found first notice of a child support claim was August 2010; ordered retroactive child support for J.T. from August 1, 2010 to August 30, 2012 and for J.B. for July 2012 only, at Guideline rates using 2010 and 2011 incomes with offsets and credit for prior payments. For the family home the court applied the Donovan procedure: accepted respondent's total house expenses of $170,917.32, fixed a reasonable occupation rent at $1,300/month but reduced by half for children's right to live rent free, giving claimant credit of $325/month for 11 years ($42,900); awarded respondent one-half of expenses ($85,458.68) as...

Citation
2012 BCSC 1240
Parties
Claimant: B.G.P.; Respondent: L.M.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 August 2012
Procedural Posture
Family Law Divorce, Child Support and Property Division / Summary Trial Reasons for Judgment
Outcome
Judgment for claimant in part and for respondent in part: divorce granted; joint custody and shared residency ordered; periodic child support ordered going forward; retroactive child support awarded for specified periods; division and reapportionment adjustments for matrimonial home determined; pension and CPP to be...
Legal Topics
Retroactive Child Support, Division of Matrimonial Home, Occupation Rent, Reapportionment Under Family Relations Act S.65, Joint Custody, Pension Division Under Part 6, CPP Division
Source Language
English
Family Law Divorce Child Support Property Division Pension/cpp Division Retroactive Child Support Division of Matrimonial Home Occupation Rent +4 more

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Parties

B.G.P.

Claimant

L.M.P.

Respondent

Procedural Posture

Family Law Divorce, Child Support and Property Division / Summary Trial Reasons for Judgment

Legal Issues

  1. 1 Whether respondent must pay retroactive child support and from what date
  2. 2 Calculation of retroactive child support and credits
  3. 3 Whether claimant has an interest in the former matrimonial home and extent of that interest

Ratio Decidendi

Court rejected claimant's account that incomes were similar at separation and found first notice of a child support claim was August 2010; ordered retroactive child support for J.T. from August 1, 2010 to August 30, 2012 and for J.B. for July 2012 only, at Guideline rates using 2010 and 2011 incomes with offsets and credit for prior payments. For the family home the court applied the Donovan procedure: accepted respondent's total house expenses of $170,917.32, fixed a reasonable occupation rent at $1,300/month but reduced by half for children's right to live rent free, giving claimant credit of $325/month for 11 years ($42,900); awarded respondent one-half of expenses ($85,458.68) as...

Court Disposition

Judgment for claimant in part and for respondent in part: divorce granted; joint custody and shared residency ordered; periodic child support ordered going forward; retroactive child support awarded for specified periods; division and reapportionment adjustments for matrimonial home determined; pension and CPP to be...

Orders

  • Divorce granted effective 31 days after judgment date
  • Joint custody of child J.T. with shared residency according to the wishes of the child