Walsh v. Chambers

Walsh v. Chambers

The court found the house to be excluded property with no increase in equity during the relationship so there is no divisible family property; respondent's income for support purposes at trial is $56,600 and claimant's is $32,273; one half of the consolidation loan balance is a family debt but only one-half of that half is payable by respondent ($2,130); respondent must transfer his 1% interest in the house (valued at $177) to claimant as set-off against arrears; monthly child support of $523 payable by respondent from Feb 1, 2016; parties share s.7 expenses 63% respondent/37% claimant; retroactive basic support awarded $1,844 and retroactive s.7 $409.50 less $177 set-off, payable or...

Citation
2016 BCSC 67
Parties
Claimant: Natalie Nicole Walsh; Respondent: Matthew Anthony Chambers
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 January 2016
Procedural Posture
Family Law Act Proceeding (cohabitation) / Summary Trial / Reasons for Judgment
Outcome
Judgment for claimant in part: parenting and guardianship orders maintained; respondent ordered to pay monthly child support and retroactive support in specified amounts; respondent to transfer 1% property interest; respondent to contribute to consolidation loan; parties to share s.7 expenses; parties to bear own...
Legal Topics
Child Support (guidelines, Retroactive), Section 7 Expenses (special/extraneous), Family Property Exclusion and Division (fla S.85), Parenting and Guardianship, Travel Consent and Passport
Source Language
English
Family Law Child Support Property Division Child Support (guidelines, Retroactive) Section 7 Expenses (special/extraneous) Family Property Exclusion and Division (fla S.85) Parenting and Guardianship Travel Consent and Passport

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Parties

Natalie Nicole Walsh

Claimant

Matthew Anthony Chambers

Respondent

Procedural Posture

Family Law Act Proceeding (cohabitation) / Summary Trial / Reasons for Judgment

Legal Issues

  1. 1 Determination of respondent's income for child support
  2. 2 Whether the house is family property or excluded property and division of any increase in equity
  3. 3 Allocation of family debts (consolidation loan, renovation loan)

Ratio Decidendi

The court found the house to be excluded property with no increase in equity during the relationship so there is no divisible family property; respondent's income for support purposes at trial is $56,600 and claimant's is $32,273; one half of the consolidation loan balance is a family debt but only one-half of that half is payable by respondent ($2,130); respondent must transfer his 1% interest in the house (valued at $177) to claimant as set-off against arrears; monthly child support of $523 payable by respondent from Feb 1, 2016; parties share s.7 expenses 63% respondent/37% claimant; retroactive basic support awarded $1,844 and retroactive s.7 $409.50 less $177 set-off, payable or...

Court Disposition

Judgment for claimant in part: parenting and guardianship orders maintained; respondent ordered to pay monthly child support and retroactive support in specified amounts; respondent to transfer 1% property interest; respondent to contribute to consolidation loan; parties to share s.7 expenses; parties to bear own...

Orders

  • Child shall reside primarily with claimant; parties continue as joint guardians
  • Parenting responsibilities in July 2014 agreement are incorporated and remain in effect