J.L.B. v. M.D.O.

J.L.B. v. M.D.O.

Respondent was not permitted to unilaterally deduct one-half of the claimant's basement rental from child support; respondent's Guideline income was fixed prospectively at $60,000 for Oct–Dec 2010 and at $63,592.17 for 2011, producing arrears of $2,189 (Oct–Dec 2010) and $6,006 (Jan 2011–Feb 2012); under s.9 the simple set-off was adjusted to avoid a cliff effect, awarding claimant $300/month from March 1, 2012 until the international student reimbursement ends and $650/month thereafter until a change in circumstances; for s.7 calculations claimant's undeclared gross rental revenue and child tax benefit portion were included and s.7 expenses were ordered to be shared equally.

Citation
2012 BCSC 1107
Parties
Claimant: J.L.B.; Respondent: M.D.O.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 July 2012
Procedural Posture
Family Law Child Support Application / Application Hearing Before Master (reasons for Judgment)
Outcome
Application granted in part; respondent ordered to pay retroactive arrears and adjusted ongoing child support; s.7 expenses apportioned equally with specific directions on childcare and extracurriculars.
Legal Topics
Federal Child Support Guidelines, Shared Custody, Retroactive Child Support, Guideline Income, Special and Extraordinary Expenses
Source Language
English
Family Law Child Support Income Determination Federal Child Support Guidelines Shared Custody Retroactive Child Support Guideline Income Special and Extraordinary Expenses

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Parties

J.L.B.

Claimant

M.D.O.

Respondent

Procedural Posture

Family Law Child Support Application / Application Hearing Before Master (reasons for Judgment)

Legal Issues

  1. 1 Is respondent entitled to deduct one-half of basement suite rent from child support?
  2. 2 What is respondent's income and retroactive child support owed from Oct 2010 to Feb 2012?
  3. 3 What is claimant's Guideline income for shared custody (inclusion of support for other child, child tax benefits, rental income)?

Ratio Decidendi

Respondent was not permitted to unilaterally deduct one-half of the claimant's basement rental from child support; respondent's Guideline income was fixed prospectively at $60,000 for Oct–Dec 2010 and at $63,592.17 for 2011, producing arrears of $2,189 (Oct–Dec 2010) and $6,006 (Jan 2011–Feb 2012); under s.9 the simple set-off was adjusted to avoid a cliff effect, awarding claimant $300/month from March 1, 2012 until the international student reimbursement ends and $650/month thereafter until a change in circumstances; for s.7 calculations claimant's undeclared gross rental revenue and child tax benefit portion were included and s.7 expenses were ordered to be shared equally.

Court Disposition

Application granted in part; respondent ordered to pay retroactive arrears and adjusted ongoing child support; s.7 expenses apportioned equally with specific directions on childcare and extracurriculars.

Orders

  • Respondent may not deduct one-half of basement suite rent from child support.
  • Respondent's Guideline income for Oct–Dec 2010 set at $60,000 and child support for two children is $907/month; arrears for Oct–Dec 2010 are $2,189.