L.M.W. v. R.L.W.

L.M.W. v. R.L.W.

The court exercised its discretion under s.3(2) and applied s.3(2)(b) because although the adult child lives at home, she has part‑time earnings which reasonably justify a modest reduction from the guideline table amount; accordingly child support was set at $2,500 per month commencing September 1, 2015.

Source-derived case information.

Citation
2016 BCSC 758
Parties
Plaintiff: L.M.W.; Defendant: R.L.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 April 2016
Procedural Posture
Family Law Child Support Application / Application to Vary Child Support; Reasons for Judgment Delivered April 27, 2016
Outcome
Respondent's application to vary support granted in part; child support ordered at $2,500 per month commencing September 1, 2015.
Legal Topics
Federal Child Support Guidelines, Post Secondary Education Support, Section 3(2)(b) Deviation, Adult Child Income Attribution, Household Expense Attribution
Source Language
english
Family Law Child Support Domestic Relations Federal Child Support Guidelines Post Secondary Education Support Section 3(2)(b) Deviation Adult Child Income Attribution Household Expense Attribution

Source-derived case record

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Parties

L.M.W.

Plaintiff

R.L.W.

Defendant

Procedural Posture

Family Law Child Support Application / Application to Vary Child Support; Reasons for Judgment Delivered April 27, 2016

Legal Issues

  1. 1 Whether s.3(2)(a) or s.3(2)(b) of the Federal Child Support Guidelines applies to an adult child in post-secondary education living at home
  2. 2 Appropriate quantum of basic child support given the child's part‑time earnings and living arrangements
  3. 3 Whether and to what extent the adult child's income and household expenses should reduce guideline support

Ratio Decidendi

The court exercised its discretion under s.3(2) and applied s.3(2)(b) because although the adult child lives at home, she has part‑time earnings which reasonably justify a modest reduction from the guideline table amount; accordingly child support was set at $2,500 per month commencing September 1, 2015.

Court Disposition

Respondent's application to vary support granted in part; child support ordered at $2,500 per month commencing September 1, 2015.

Orders

  • Respondent to pay claimant $2,500 per month for M.W. commencing September 1, 2015 and payable on the first day of each month thereafter.
  • Parties to account between themselves and adjust amounts based on this order and support already paid by the respondent.