J.A.M. v. P.L.M.

J.A.M. v. P.L.M.

The court refused to terminate child support for L.J.M. because she remained a "child of the marriage" and largely a full‑time student and her estrangement from the father was explained; ordered a temporary reduction of child support to $2,300/month for Jan–May 2003 to account for a documented period off school; adjourned the issue of reducing K.'s support and related access disputes pending an updated s.15 report due to significant factual conflict about time spent with the father; dismissed the application to increase spousal support and claims for special/extraordinary expenses and reinstatement on benefits for failing to establish change of circumstances or undue hardship and for...

Citation
2002 BCSC 1801
Parties
Petitioner: J.A.M.; Respondent: P.L.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 December 2002
Procedural Posture
Family Law Divorce; Variation of Child Support, Spousal Support and Custody/access Orders / Chambers Applications and Cross Applications; Reasons for Judgment Following Contested Hearings and Affidavits
Outcome
Partially dismissed and partially adjourned: application to discontinue L.J.M.'s support dismissed except for temporary reduction; application re K. adjourned; cross-application for increased spousal support dismissed; liberty to apply for review granted.
Legal Topics
Variation of Support Orders, Federal Child Support Guidelines S.9 (shared Custody Departure), Section 15 Custody/access Report, Special and Extraordinary Expenses, Undue Hardship, Reinstatement of Benefits, Adult Child Support Status
Source Language
English
Family Law Child Support Spousal Support Custody and Access Variation of Support Orders Federal Child Support Guidelines S.9 (shared Custody Departure) Section 15 Custody/access Report Special and Extraordinary Expenses +3 more

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Parties

J.A.M.

Petitioner

P.L.M.

Respondent

Procedural Posture

Family Law Divorce; Variation of Child Support, Spousal Support and Custody/access Orders / Chambers Applications and Cross Applications; Reasons for Judgment Following Contested Hearings and Affidavits

Legal Issues

  1. 1 Whether child support for adult child L.J.M. should be terminated and whether past payments should be reimbursed
  2. 2 Whether child support for K. should be reduced under s.9 of the Guidelines because father has >=40% custody time
  3. 3 Whether spousal support should be increased and whether petitioner is entitled to special or extraordinary expenses or undue hardship relief

Ratio Decidendi

The court refused to terminate child support for L.J.M. because she remained a "child of the marriage" and largely a full‑time student and her estrangement from the father was explained; ordered a temporary reduction of child support to $2,300/month for Jan–May 2003 to account for a documented period off school; adjourned the issue of reducing K.'s support and related access disputes pending an updated s.15 report due to significant factual conflict about time spent with the father; dismissed the application to increase spousal support and claims for special/extraordinary expenses and reinstatement on benefits for failing to establish change of circumstances or undue hardship and for...

Court Disposition

Partially dismissed and partially adjourned: application to discontinue L.J.M.'s support dismissed except for temporary reduction; application re K. adjourned; cross-application for increased spousal support dismissed; liberty to apply for review granted.

Orders

  • Respondent's application to reduce child support for L.J.M. to zero is dismissed; child support for L.J.M. is reduced to $2,300 per month for January, February, March, April and May 2003.
  • Respondent's application to reduce child support for K. and all related access issues including alleged breaches concerning T.M. are adjourned generally pending receipt of an updated s.15 report.