J.R.B. v. P.J.B.

J.R.B. v. P.J.B.

The separation agreement did not preclude the child's entitlement to support; retroactive support was denied because the claimant met her obligations and the children were not financially deprived. Income imputation to the respondent for summer employment was inappropriate given the teaching profession's normal...

Source-derived case information.

Citation
2012 BCSC 1644
Parties
Claimant: J.R.B.; Respondent: P.J.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 November 2012
Procedural Posture
Family Law Child Support Application / Interim Application (master's Reasons)
Outcome
Application partially allowed: retroactive support dismissed; claimant ordered to pay child support of $500/month from September 1, 2012; s.7 expenses shared 62% claimant / 38% respondent; each party to bear its own costs.
Legal Topics
Shared Custody, Section 7 Expenses, Retroactive Child Support, Imputation of Income, Set Off Calculation, Enforceability of Separation Agreements
Source Language
english
Family Law Child Support Contract/separation Agreement Income Attribution Shared Custody Section 7 Expenses Retroactive Child Support Imputation of Income +2 more

Source-derived case record

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Parties

J.R.B.

Claimant

P.J.B.

Respondent

Procedural Posture

Family Law Child Support Application / Interim Application (master's Reasons)

Legal Issues

  1. 1 Whether a separation agreement barring child support in a shared custody arrangement precludes a court order for child support
  2. 2 Whether income should be imputed to either parent (respondent for lost summer work and rental deductions; claimant for business expense deductions)
  3. 3 Whether retroactive child support should be awarded to July 1, 2010

Ratio Decidendi

The separation agreement did not preclude the child's entitlement to support; retroactive support was denied because the claimant met her obligations and the children were not financially deprived. Income imputation to the respondent for summer employment was inappropriate given the teaching profession's normal schedule, but a reasonable economic benefit from rental was attributed ($2,400/year). The court determined guideline incomes (respondent $82,368.65; claimant $137,419.39) and, applying Contino's set-off and fairness adjustments, ordered monthly child support of $500 from September 1, 2012 and proportionate sharing of s.7 expenses (claimant 62%, respondent 38%). Costs awarded to...

Court Disposition

Application partially allowed: retroactive support dismissed; claimant ordered to pay child support of $500/month from September 1, 2012; s.7 expenses shared 62% claimant / 38% respondent; each party to bear its own costs.

Orders

  • Claimant to pay respondent child support of $500.00 per month commencing September 1, 2012
  • From September 1, 2012 onward s.7 expenses to be shared proportionately with claimant paying 62% and respondent paying 38%