K.M. v. N.M.

K.M. v. N.M.

The court held it lacked jurisdiction to grant retroactive child support for C1 because she was not a 'child' under the Family Law Act when the application was filed; it retained jurisdiction for C2 (who was a child) and therefore ordered retroactive table child support for C2 based on the claimant's higher...

Source-derived case information.

Citation
2024 BCSC 1650
Parties
Claimant: K.M.; Respondent: N.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 September 2024
Procedural Posture
Family Law Child Support and Section 7 Expenses / Hearing Concluded; Reasons for Judgment (judgment Issued)
Outcome
Partially granted for respondent with respect to C2; application for C1 retroactive support dismissed for lack of jurisdiction; claimant's application to cancel or reduce arrears and interest dismissed; orders for s.7 expense contributions awarded in part; costs awarded to respondent.
Legal Topics
Retroactive Child Support, Section 7 Expenses, Reconciliation/cohabitation, Child of the Marriage, Guideline Income, Parenting Time, Arrears and Interest, Procedural Amendment and Notice
Source Language
english
Family Law Child Support Maintenance Enforcement Division of Family Expenses Jurisdictional Procedure Retroactive Child Support Section 7 Expenses Reconciliation/cohabitation +5 more

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Parties

K.M.

Claimant

N.M.

Respondent

Procedural Posture

Family Law Child Support and Section 7 Expenses / Hearing Concluded; Reasons for Judgment (judgment Issued)

Legal Issues

  1. 1 Whether court had jurisdiction to grant retroactive child support where beneficiary was not a child at the time of application
  2. 2 Whether C1 and C2 were children of the marriage and the relevant cessation dates
  3. 3 Whether parties reconciled during specified periods such that no support was payable

Ratio Decidendi

The court held it lacked jurisdiction to grant retroactive child support for C1 because she was not a 'child' under the Family Law Act when the application was filed; it retained jurisdiction for C2 (who was a child) and therefore ordered retroactive table child support for C2 based on the claimant's higher Guideline income for 2017–2023 subject to parenting‑time adjustments; the court found specific reconciliation periods when no support was payable; claimant failed to prove an agreement to reduce support to $500/month; claimant's failure to disclose financial information was blameworthy and justified departure from presumptive retroactivity date; arrears and interest were not cancelled...

Court Disposition

Partially granted for respondent with respect to C2; application for C1 retroactive support dismissed for lack of jurisdiction; claimant's application to cancel or reduce arrears and interest dismissed; orders for s.7 expense contributions awarded in part; costs awarded to respondent.

Orders

  • The court has no jurisdiction to award retroactive child support respecting C1 because she was not a child at the date of application; that claim is dismissed.
  • The court has jurisdiction and orders that the claimant pay retroactive table child support to the respondent respecting C2 for 2017–2023 calculated using the claimant's Guideline income as found in these reasons; parties are directed to calculate amounts per the findings or seek the court's assistance if they...