P.H.D. v. M.L.D.

P.H.D. v. M.L.D.

The court vacated the portion of its prior reasons dealing with attribution of credit for RESP withdrawals because neither party adduced evidence of when or from what source RESP funds were deposited; absent such evidence the court cannot determine whether withdrawals should be credited to the account holder or...

Source-derived case information.

Citation
2014 BCSC 1695
Parties
Claimant: P.H.D.; Respondent: M.L.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 September 2014
Procedural Posture
Family Law Child Support Dispute Regarding RESP Credits / Supplementary Reasons / Post Judgment
Outcome
Portion of Reasons relating to attribution of credit for RESP withdrawals vacated; leave granted to parties to file an application and adduce evidence regarding the RESP contributions and withdrawals.
Legal Topics
RESP Contributions, Credit for RESP Withdrawals, Allocation of Family Funds, Evidentiary Burden
Source Language
english
Family Law Child Support Trusts and Property (resp) Evidence RESP Contributions Credit for RESP Withdrawals Allocation of Family Funds Evidentiary Burden

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Parties

P.H.D.

Claimant

M.L.D.

Respondent

Procedural Posture

Family Law Child Support Dispute Regarding RESP Credits / Supplementary Reasons / Post Judgment

Legal Issues

  1. 1 Whether RESP withdrawals should be credited entirely to the account holder for child support purposes
  2. 2 Whether RESP funds paid from family income should be credited pro rata to the parties based on income
  3. 3 Whether the court can allocate credit for RESP withdrawals in the absence of evidence as to timing and source of contributions

Ratio Decidendi

The court vacated the portion of its prior reasons dealing with attribution of credit for RESP withdrawals because neither party adduced evidence of when or from what source RESP funds were deposited; absent such evidence the court cannot determine whether withdrawals should be credited to the account holder or allocated proportionally to the parties.

Court Disposition

Portion of Reasons relating to attribution of credit for RESP withdrawals vacated; leave granted to parties to file an application and adduce evidence regarding the RESP contributions and withdrawals.

Orders

  • Vacate the portion of the Reasons relating to the attribution of credit to the parties for RESP withdrawals.
  • Grant leave to the parties to file an application and to adduce evidence relating to their dispute over the RESP fund.