P.D.E. v. A.J.E.

P.D.E. v. A.J.E.

The child support order directing P.D.E. to pay $505 was made without jurisdiction because the mother (A.J.E.) has the children approximately 28% of the time, below the 40% threshold in s.9 of the Guidelines; accordingly that order is vacated and, based on the mother's guideline income of $17,560, she is ordered to...

Source-derived case information.

Citation
2004 BCSC 658
Parties
Plaintiff: P.D.E.; Defendant: A.J.E.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 May 2004
Procedural Posture
Divorce (family Law) / Supplementary Reasons Post Trial
Outcome
Supplementary reasons: vacated child support order for $505; ordered mother to pay guideline child support of $351/month; varied spousal support to $1,200/month commencing first day of month following completion of sale of family home; denied mortgage reimbursement claim; allocated costs to respondent (75% of...
Legal Topics
Shared Custody, Guidelines Jurisdiction, 40% Shared Custody Threshold, Split Custody, Undue Hardship, Spousal Support Review, Sale of Family Home, Mortgage Contribution, Costs Allocation
Source Language
english
Family Law Divorce Child Support Spousal Support Custody and Access Property Division Costs Shared Custody +8 more

Source-derived case record

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Parties

P.D.E.

Plaintiff

A.J.E.

Defendant

Procedural Posture

Divorce (family Law) / Supplementary Reasons Post Trial

Legal Issues

  1. 1 Whether court had jurisdiction under s.9 of the Federal Child Support Guidelines to order guideline child support given respondent did not meet 40% shared custody threshold
  2. 2 Proper method of calculating percentage time with each parent (including sleeping and school hours)
  3. 3 Whether the child support order for $505 should be vacated

Ratio Decidendi

The child support order directing P.D.E. to pay $505 was made without jurisdiction because the mother (A.J.E.) has the children approximately 28% of the time, below the 40% threshold in s.9 of the Guidelines; accordingly that order is vacated and, based on the mother's guideline income of $17,560, she is ordered to pay guideline child support of $351 per month to the father. The spousal support award is varied from $700 to $1,200 per month, commencing on the first day of the month following completion of the sale of the family home, with provision for review once sale proceeds and accommodation costs are known. The applicant's claim for mortgage reimbursement from sale proceeds is denied....

Court Disposition

Supplementary reasons: vacated child support order for $505; ordered mother to pay guideline child support of $351/month; varied spousal support to $1,200/month commencing first day of month following completion of sale of family home; denied mortgage reimbursement claim; allocated costs to respondent (75% of...

Orders

  • Child support order of $505 vacated
  • Respondent (A.J.E.) ordered to pay child support of $351 per month based on her guideline income of $17,560