Murphy v. Murphy

Murphy v. Murphy

The court found a material change of circumstances (widening income disparity and increased respondent income) sufficient to vary Robinson J.'s child support order to Federal Guidelines amounts; rejected respondent's notional tax and children's income adjustments as inadequately proven; found certain listed extracurricular/trip-related expenses to be extraordinary and ordered respondent to pay 75% of allowed extraordinary expenses; dismissed petitioner's claim for full payment of mediator's fees and dismissed respondent's custody variation; ordered respondent to continue required life insurance and awarded petitioner costs on Scale 3.

Citation
2000 BCSC 1476
Parties
Petitioner: Colleen Gail Murphy; Respondent: Patrick Braden Murphy
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 October 2000
Procedural Posture
Family Law Custody, Access and Child Support / Hearing and Reasons for Judgment (variation Application)
Outcome
Petition granted in part and dismissed in part: Robinson J.'s child support order varied to Guidelines; certain extraordinary expenses allowed with respondent bearing 75% share; mediator lump sum claim dismissed; custody variation dismissed; respondent must maintain life insurance as ordered; petitioner awarded...
Legal Topics
Variation of Child Support, Federal Child Support Guidelines (ss.7, 9, 14), Extraordinary Expenses, Judicial Discretion on Change of Circumstances, Enforcement/security of Support Via Life Insurance, Allocation of Costs, Mediation Fee Liability
Source Language
English
Family Law Child Support Custody and Access Costs Insurance as Security Variation of Child Support Federal Child Support Guidelines (ss.7,9,14) Extraordinary Expenses +4 more

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Parties

Colleen Gail Murphy

Petitioner

Patrick Braden Murphy

Respondent

Procedural Posture

Family Law Custody, Access and Child Support / Hearing and Reasons for Judgment (variation Application)

Legal Issues

  1. 1 Whether Robinson J.'s child support order should be varied to Federal Child Support Guidelines amounts
  2. 2 Whether s.9 credit for time-sharing applies
  3. 3 Whether claimed extraordinary expenses qualify under s.7 of the Guidelines

Ratio Decidendi

The court found a material change of circumstances (widening income disparity and increased respondent income) sufficient to vary Robinson J.'s child support order to Federal Guidelines amounts; rejected respondent's notional tax and children's income adjustments as inadequately proven; found certain listed extracurricular/trip-related expenses to be extraordinary and ordered respondent to pay 75% of allowed extraordinary expenses; dismissed petitioner's claim for full payment of mediator's fees and dismissed respondent's custody variation; ordered respondent to continue required life insurance and awarded petitioner costs on Scale 3.

Court Disposition

Petition granted in part and dismissed in part: Robinson J.'s child support order varied to Guidelines; certain extraordinary expenses allowed with respondent bearing 75% share; mediator lump sum claim dismissed; custody variation dismissed; respondent must maintain life insurance as ordered; petitioner awarded...

Orders

  • Robinson J.'s child support order varied: respondent to pay Guidelines child support to petitioner $2,155 per month effective April 1, 1998
  • Respondent to pay Guidelines child support to petitioner $2,496 per month effective October 1, 2000