Wadden v. Wadden

Wadden v. Wadden

DCCBs are benefits payable to the children under the CPP and are not a statutory form of child support that can be credited or set off against a payor's Guideline Table amount; the Child Support Guidelines govern calculation of support equally for disabled and able-bodied payors and do not violate s.15 of the Charter in these circumstances; accordingly the father's application to reduce support and arrears was dismissed.

Citation
2000 BCSC 960
Parties
Petitioner: Esther Lynne Wadden; Respondent: Patrick John Wadden
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 June 2000
Procedural Posture
Family Law Child Support Variation / Chambers Application for Reduction of Child Support and Arrears (reasons for Judgment)
Outcome
Application dismissed with costs
Legal Topics
Child Support, Canada Pension Plan Disabled Contributor's Child's Benefit (dccb), Child Support Guidelines, Section 15 Charter Discrimination, Set Off/credit of Statutory Benefits
Source Language
English
Family Law Constitutional Law Administrative/social Security Law Child Support Canada Pension Plan Disabled Contributor's Child's Benefit (dccb) Child Support Guidelines Section 15 Charter Discrimination Set Off/credit of Statutory Benefits

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Parties

Esther Lynne Wadden

Petitioner

Patrick John Wadden

Respondent

Procedural Posture

Family Law Child Support Variation / Chambers Application for Reduction of Child Support and Arrears (reasons for Judgment)

Legal Issues

  1. 1 Whether CPP disabled contributor's child's benefits (DCCB) constitute statutory child support for purpose of reducing a payor's obligation under the Federal Child Support Guidelines
  2. 2 Whether a payor can obtain credit or set-off for DCCB against Guideline table amount
  3. 3 Whether the Guidelines and CPP treatment of DCCB discriminate against a disabled payor contrary to s.15 of the Charter

Ratio Decidendi

DCCBs are benefits payable to the children under the CPP and are not a statutory form of child support that can be credited or set off against a payor's Guideline Table amount; the Child Support Guidelines govern calculation of support equally for disabled and able-bodied payors and do not violate s.15 of the Charter in these circumstances; accordingly the father's application to reduce support and arrears was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs