R.M. v. N.M.

R.M. v. N.M.

Court imputed Guideline income of $200,000 per annum to the claimant for support purposes effective June 1, 2013, fixed the review date as June 1, 2013, refused to make a retroactive variation of child support under the Agreement, adjusted prospective child support to $2,000 per month, ordered reimbursement of...

Source-derived case information.

Citation
2014 BCSC 1755
Parties
Claimant: R.M.; Respondent: N.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 September 2014
Procedural Posture
Family Law Child Support and Parenting (application Under Family Law Act / Family Relations Act) / Applications Hearing and Final Reasons for Judgment (decision)
Outcome
Application allowed in part and dismissed in part; relief granted as set out in orders below.
Legal Topics
Imputation of Income, Variation of Child Support, Shared Custody Calculation (s.9 Guidelines), Relocation and Notice Obligations, Special and Extraordinary Expenses, Parenting Coordinator Appointment, Enforceability of Separation Agreements
Source Language
english
Family Law Child Support Parenting/relocation Enforcement of Separation Agreement Imputation of Income Variation of Child Support Shared Custody Calculation (s.9 Guidelines) Relocation and Notice Obligations +3 more

Source-derived case record

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Parties

R.M.

Claimant

N.M.

Respondent

Procedural Posture

Family Law Child Support and Parenting (application Under Family Law Act / Family Relations Act) / Applications Hearing and Final Reasons for Judgment (decision)

Legal Issues

  1. 1 Whether to impute Guideline income to the payor
  2. 2 What is the applicable date of review for child support
  3. 3 Whether child support should be varied retroactively

Ratio Decidendi

Court imputed Guideline income of $200,000 per annum to the claimant for support purposes effective June 1, 2013, fixed the review date as June 1, 2013, refused to make a retroactive variation of child support under the Agreement, adjusted prospective child support to $2,000 per month, ordered reimbursement of claimant's proportionate share of special and extraordinary childcare and recreational expenses in specified amounts, modified but did not change primary residence and imposed a specific parenting time schedule, dismissed claimant's request to compel increased life insurance, and appointed a parenting coordinator; these orders followed application of the Family Law Act, the...

Court Disposition

Application allowed in part and dismissed in part; relief granted as set out in orders below.

Orders

  • 1. Respondent's application to enforce the Agreement allowed with respect to child support payments and special and extraordinary payments based on claimant's Guideline income imputed at $200,000 from June 1, 2013.
  • 2. Respondent's Guideline income found to be $130,000 per annum.