L.A.B. v. M.L.B.

L.A.B. v. M.L.B.

Court started with s.9(a) straight setoff using determined incomes (Mr. B $91,000; Mrs. C $2,400) yielding a guideline/setoff amount of $1,329/month, found significant and growing divergence in standards of living and some increased shared‑custody costs, and exercised discretion under s.9 to reduce the setoff to two‑thirds; accordingly ordered child support of $875/month payable by M.L.B. to L.A.B. effective June 1, 2011 and ordered M.L.B. to pay two‑thirds of special and extraordinary expenses with procedural directions on receipts and valuations.

Citation
2012 BCSC 1066
Parties
Claimant: L.A.B.; Respondent: M.L.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 June 2012
Procedural Posture
Family Law Child Support (shared Custody) / Application to Determine Child Support
Outcome
Application allowed in part.
Legal Topics
Shared Custody, Setoff Approach, Section 9 Guidelines, Special and Extraordinary Expenses, Standard of Living, Contino Precedent
Source Language
English
Family Law Child Support Federal Child Support Guidelines Shared Custody Setoff Approach Section 9 Guidelines Special and Extraordinary Expenses Standard of Living +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

L.A.B.

Claimant

M.L.B.

Respondent

Procedural Posture

Family Law Child Support (shared Custody) / Application to Determine Child Support

Legal Issues

  1. 1 Whether to apply the straight setoff under s.9(a) of the Federal Child Support Guidelines
  2. 2 Appropriate incomes to use for guideline calculation
  3. 3 Whether and how to adjust the setoff to account for increased costs under s.9(b) and differing standards of living under s.9(c)

Ratio Decidendi

Court started with s.9(a) straight setoff using determined incomes (Mr. B $91,000; Mrs. C $2,400) yielding a guideline/setoff amount of $1,329/month, found significant and growing divergence in standards of living and some increased shared‑custody costs, and exercised discretion under s.9 to reduce the setoff to two‑thirds; accordingly ordered child support of $875/month payable by M.L.B. to L.A.B. effective June 1, 2011 and ordered M.L.B. to pay two‑thirds of special and extraordinary expenses with procedural directions on receipts and valuations.

Court Disposition

Application allowed in part.

Orders

  • Child support ordered at $875 per month payable by M.L.B. to L.A.B. effective June 1, 2011.
  • M.L.B. to pay two-thirds of special and extraordinary expenses; parties to provide receipts promptly so insurer coverage can be pursued where available.