P.L. v. J.D.L.

P.L. v. J.D.L.

The respondent failed to meet the heavy onus to establish a significant, long‑lasting and non‑choice decline in earning capacity because disclosure was incomplete and unreliable and medical evidence was insufficient; the court therefore refused to cancel or reduce arrears or vary ongoing support and found income should be imputed to $75,647 (the lowest historical skilled‑worker income), suspended enforcement of arrears for four months only on condition of full and timely payment of current monthly support, and awarded costs to the claimant.

Citation
2013 BCSC 1492
Parties
Plaintiff: P.L.; Defendant: J.D.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 August 2013
Procedural Posture
Divorce Act Child Support Variation Application / Application Hearing Reasons for Judgment
Outcome
Application dismissed in part; variation denied; child support arrears not cancelled or reduced; RESP contribution requirement maintained; enforcement of arrears suspended for four months conditional on full and timely payment of current monthly child support; costs awarded to claimant.
Legal Topics
Variation of Support Orders, Cancellation of Arrears, Imputation of Income, Medical Evidence and Earning Capacity, RESP Contributions, Costs
Source Language
English
Family Law Child Support Enforcement Variation of Support Orders Cancellation of Arrears Imputation of Income Medical Evidence and Earning Capacity RESP Contributions +1 more

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Parties

P.L.

Plaintiff

J.D.L.

Defendant

Procedural Posture

Divorce Act Child Support Variation Application / Application Hearing Reasons for Judgment

Legal Issues

  1. 1 Whether child support arrears should be cancelled or reduced
  2. 2 Whether respondent's guideline income should be varied or imputed
  3. 3 Whether arrears may be retroactively recalculated based on line 150 income

Ratio Decidendi

The respondent failed to meet the heavy onus to establish a significant, long‑lasting and non‑choice decline in earning capacity because disclosure was incomplete and unreliable and medical evidence was insufficient; the court therefore refused to cancel or reduce arrears or vary ongoing support and found income should be imputed to $75,647 (the lowest historical skilled‑worker income), suspended enforcement of arrears for four months only on condition of full and timely payment of current monthly support, and awarded costs to the claimant.

Court Disposition

Application dismissed in part; variation denied; child support arrears not cancelled or reduced; RESP contribution requirement maintained; enforcement of arrears suspended for four months conditional on full and timely payment of current monthly child support; costs awarded to claimant.

Orders

  • The 2010 Order remains in effect and the respondent's application to vary child support is dismissed.
  • Child support arrears shall not be cancelled or reduced.