D.A. v. N.A.

D.A. v. N.A.

Applying D.B.S., the court found the Mother's delay excusable given fear of losing support and lack of resources and found the Father engaged in blameworthy non‑disclosure; the appropriate retroactive period is three years from effective notice (September 2016), resulting in a retroactive award of $23,251 payable in...

Source-derived case information.

Citation
2017 BCSC 1368
Parties
Claimant (mother): D.A.; Respondent (father): N.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 August 2017
Procedural Posture
Family Law Child Support (application for Increase and Retroactive Child Support) / Hearing on Application; Reasons for Judgment
Outcome
Application granted in part: retroactive child support awarded and ongoing child support fixed; costs awarded to Mother.
Legal Topics
Retroactivity, Disclosure of Income, Effective Notice, S.7 Special Expenses, Costs
Source Language
english
Family Law Child Support Retroactive Child Support Family Property Retroactivity Disclosure of Income Effective Notice S.7 Special Expenses +1 more

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Parties

D.A.

Claimant (mother)

N.A.

Respondent (father)

Procedural Posture

Family Law Child Support (application for Increase and Retroactive Child Support) / Hearing on Application; Reasons for Judgment

Legal Issues

  1. 1 Whether retroactive child support should be ordered
  2. 2 Appropriate start date for retroactivity
  3. 3 Effect of payor's non‑disclosure and alleged threats on entitlement to retroactive support

Ratio Decidendi

Applying D.B.S., the court found the Mother's delay excusable given fear of losing support and lack of resources and found the Father engaged in blameworthy non‑disclosure; the appropriate retroactive period is three years from effective notice (September 2016), resulting in a retroactive award of $23,251 payable in two equal instalments; ongoing guideline support was fixed at $948/month commencing April 1, 2017 plus $136/month for s.7 expenses; costs of $3,500 awarded.

Court Disposition

Application granted in part: retroactive child support awarded and ongoing child support fixed; costs awarded to Mother.

Orders

  • Father to pay $23,251 in retroactive child support in two equal instalments of $11,625.50; first instalment payable by August 31, 2017 and second by December 1, 2017.
  • Father to pay ongoing child support of $948 per month commencing April 1, 2017.