G.J.L. v. M.J.L.

G.J.L. v. M.J.L.

Applying s.9 Contino methodology and s.150 FLA, court found the simple set-off verified by parental budgets and household circumstances warranted replacing the agreement's half set-off with the full set-off; incomes to be determined by Line 150; limited retroactive award ordered based on pleadings and D.B.S. factors.

Citation
2017 BCSC 688
Parties
Claimant: G.J.L.; Respondent: M.J.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 April 2017
Procedural Posture
Family Law Child Support / Judgment (trial)
Outcome
Application to vary separation agreement granted in part: child support provisions varied and several procedural income and expense orders made; retroactive support awarded in defined amount; divorce granted; costs reserved.
Legal Topics
Section 9 Guidelines, Set Off Calculation, Retroactive Support, Income Determination (line 150), Special and Extraordinary Expenses, Variation of Agreements Under FLA
Source Language
English
Family Law Child Support Shared Custody Separation Agreement Divorce Section 9 Guidelines Set Off Calculation Retroactive Support +3 more

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Parties

G.J.L.

Claimant

M.J.L.

Respondent

Procedural Posture

Family Law Child Support / Judgment (trial)

Legal Issues

  1. 1 Whether separation agreement child support provisions should be varied under s.148 FLA
  2. 2 Proper application of s.9 of the Federal Child Support Guidelines in shared custody
  3. 3 Whether retroactive support can be awarded and from which date

Ratio Decidendi

Applying s.9 Contino methodology and s.150 FLA, court found the simple set-off verified by parental budgets and household circumstances warranted replacing the agreement's half set-off with the full set-off; incomes to be determined by Line 150; limited retroactive award ordered based on pleadings and D.B.S. factors.

Court Disposition

Application to vary separation agreement granted in part: child support provisions varied and several procedural income and expense orders made; retroactive support awarded in defined amount; divorce granted; costs reserved.

Orders

  • Replace child support formula in separation agreement: M. to pay claimant set-off amount of child support $1,622 per month, effective September 1, 2015
  • From start of trial (May 2015) to September 1, 2015 order set-off based on claimant's prior income of $1,100.88 per month