V.A.P. v. L.W.P.

V.A.P. v. L.W.P.

Income was imputed to the respondent at $30,000 per annum for 2002 and 2003 based on his prior earning capacity and choices; retroactive child support awarded from January 1, 2002; guideline support for two children at imputed income is $446 per month ongoing; extraordinary expenses (orthodontic, hockey, education not offset by scholarships/loans) are apportioned 62.5% to respondent and 37.5% to petitioner, retroactive to January 1, 2002.

Citation
2004 BCSC 245
Parties
Petitioner: V.A.P.; Respondent: L.W.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2004
Procedural Posture
Family (child Support) / Judgment (reasons for Judgment)
Outcome
Petition allowed in part; child support and extraordinary expense apportionment ordered with imputation of income.
Legal Topics
Retroactive Child Support, Income Imputation, Extraordinary Expenses, Child Support Guidelines
Source Language
English
Family Law Child Support Income Imputation Retroactive Child Support Extraordinary Expenses Child Support Guidelines

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Parties

V.A.P.

Petitioner

L.W.P.

Respondent

Procedural Posture

Family (child Support) / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether to impute income to the respondent for guideline child support
  2. 2 Whether to order retroactive child support and for what period
  3. 3 How to allocate extraordinary expenses (orthodontic, hockey, education) between parties

Ratio Decidendi

Income was imputed to the respondent at $30,000 per annum for 2002 and 2003 based on his prior earning capacity and choices; retroactive child support awarded from January 1, 2002; guideline support for two children at imputed income is $446 per month ongoing; extraordinary expenses (orthodontic, hockey, education not offset by scholarships/loans) are apportioned 62.5% to respondent and 37.5% to petitioner, retroactive to January 1, 2002.

Court Disposition

Petition allowed in part; child support and extraordinary expense apportionment ordered with imputation of income.

Orders

  • Retroactive child support for 2002 and 2003 in the total amount of $10,704 payable by the respondent.
  • Ongoing child support commencing January 1, 2004 of $446 per month for the two children payable by the respondent.