Golinsky v. Golinsky

Golinsky v. Golinsky

Respondent failed to prove a material change in circumstances or inability to pay now and in the future and therefore the application to vary child support and to cancel or reduce arrears is dismissed; funds from respondent's mother's estate held by FMEP are payable to claimant, a registrar is to recalculate any...

Source-derived case information.

Citation
2017 BCSC 1547
Parties
Claimant: Maryalice Golinsky; Respondent: Peter Anthony Golinsky
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 August 2017
Procedural Posture
Divorce / Child Support Enforcement and Variation / Application for Variation and Cancellation of Child Support Arrears; Reasons for Judgment (chambers)
Outcome
Application to vary child support dismissed; application to cancel or reduce arrears dismissed; funds held by FMEP to be paid to claimant; reference to Registrar ordered; conduct order preventing non-legal third party access granted; costs awarded to claimant.
Legal Topics
Variation of Child Support, Cancellation/reduction of Arrears, Imputation of Income, Service of Process, Disclosure and Conduct Order, FMEP Enforcement, Costs
Source Language
english
Family Law Divorce Child Support Enforcement Variation of Child Support Cancellation/reduction of Arrears Imputation of Income Service of Process +3 more

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Parties

Maryalice Golinsky

Claimant

Peter Anthony Golinsky

Respondent

Procedural Posture

Divorce / Child Support Enforcement and Variation / Application for Variation and Cancellation of Child Support Arrears; Reasons for Judgment (chambers)

Legal Issues

  1. 1 Whether respondent established a material change in circumstances to vary child support under Divorce Act s.17
  2. 2 Whether arrears of child support should be cancelled or reduced under Family Law Act s.174
  3. 3 Whether respondent is entitled to credit for irregular/direct payments to children

Ratio Decidendi

Respondent failed to prove a material change in circumstances or inability to pay now and in the future and therefore the application to vary child support and to cancel or reduce arrears is dismissed; funds from respondent's mother's estate held by FMEP are payable to claimant, a registrar is to recalculate any additional arrears for the last three years if applicable, a conduct restriction is ordered preventing non-counsel access to the family file, and costs are awarded to the claimant.

Court Disposition

Application to vary child support dismissed; application to cancel or reduce arrears dismissed; funds held by FMEP to be paid to claimant; reference to Registrar ordered; conduct order preventing non-legal third party access granted; costs awarded to claimant.

Orders

  • Application to vary child support dismissed
  • Application to cancel or reduce child support arrears dismissed