R.D.D. v. D.B.D.

R.D.D. v. D.B.D.

Judge found both sons enrolled in college and unable to support themselves, so they remain entitled to child support under s.87 FRA; however, given their access to RRSP funds and absence of a detailed budget and reliable earnings information, there was no compelling basis to increase child support to Guideline levels or to terminate it pending September review; likewise there was no material change in the wife's financial circumstances justifying increased spousal support and it is improper to convert child support into spousal support, therefore both variation applications were dismissed.

Citation
2004 BCSC 215
Parties
Plaintiff: R.D.D.; Defendant: D.B.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 February 2004
Procedural Posture
Family Relations Act Support Variation / Judgment on Applications to Vary Child and Spousal Support
Outcome
Both applications to vary the November 25, 1996 child and spousal support provisions are dismissed; existing order remains in force.
Legal Topics
Variation of Support Orders, S.87 Family Relations Act, Farden Test, Guideline Child Support, Adult Dependent Child Entitlement
Source Language
English
Family Law Child Support Spousal Support Statutory Interpretation Variation of Support Orders S.87 Family Relations Act Farden Test Guideline Child Support +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

R.D.D.

Plaintiff

D.B.D.

Defendant

Procedural Posture

Family Relations Act Support Variation / Judgment on Applications to Vary Child and Spousal Support

Legal Issues

  1. 1 Whether the adult sons remain entitled to child support under s.87 FRA
  2. 2 Whether child support should be reduced or terminated pending review
  3. 3 Whether child support should be increased to the Federal Child Support Guideline amount

Ratio Decidendi

Judge found both sons enrolled in college and unable to support themselves, so they remain entitled to child support under s.87 FRA; however, given their access to RRSP funds and absence of a detailed budget and reliable earnings information, there was no compelling basis to increase child support to Guideline levels or to terminate it pending September review; likewise there was no material change in the wife's financial circumstances justifying increased spousal support and it is improper to convert child support into spousal support, therefore both variation applications were dismissed.

Court Disposition

Both applications to vary the November 25, 1996 child and spousal support provisions are dismissed; existing order remains in force.

Orders

  • Applications to vary child support dismissed
  • Application to increase spousal support dismissed