P.C.B. v. M.M.B.

P.C.B. v. M.M.B.

The application to vary child support, spousal support and allocation of extraordinary expenses was dismissed because the changes relied upon by the Husband were not substantial, unforeseen and continuing; the Wife's income increase was anticipated by the trial judge and the Husband's reduced income was offset by...

Source-derived case information.

Citation
2003 BCSC 645
Parties
Plaintiff: P.C.B.; Defendant: M.M.B., a.k.a. M.P.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 April 2003
Procedural Posture
Divorce Act Variation Application / Post Judgment Application to Vary Child and Spousal Support
Outcome
Application dismissed
Legal Topics
Variation of Support Orders, Change in Circumstances, Judge Seizing Proceedings, Shared Custody Child Support, Costs
Source Language
english
Family Law Procedure Child Support Spousal Support Judicial Practice Variation of Support Orders Change in Circumstances Judge Seizing Proceedings +2 more

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Parties

P.C.B.

Plaintiff

M.M.B., a.k.a. M.P.B.

Defendant

Procedural Posture

Divorce Act Variation Application / Post Judgment Application to Vary Child and Spousal Support

Legal Issues

  1. 1 Whether a judge may validly 'seize' proceedings and the effect on jurisdiction
  2. 2 Whether there has been a change in circumstances sufficient to vary child support under s.17(4) of the Divorce Act and s.14 of the Federal Child Support Guidelines
  3. 3 Whether there has been a change in circumstances sufficient to vary spousal support under s.17(4.1) of the Divorce Act

Ratio Decidendi

The application to vary child support, spousal support and allocation of extraordinary expenses was dismissed because the changes relied upon by the Husband were not substantial, unforeseen and continuing; the Wife's income increase was anticipated by the trial judge and the Husband's reduced income was offset by reduced expenses from remarriage such that the original balancing and the five‑year review provision should not be disturbed; additionally, although the trial judge had previously seized the matter, she consented to this application proceeding before the presiding judge.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No variation of child support order made