Hamilton v. Popp

Hamilton v. Popp

Applying s.3(2)(b) of the Guidelines and relevant caselaw, the court varied the 2008 Rogers J. order: while the adult child attends university away from home child support is reduced to reflect the child's living arrangements and parents' means; specifically the respondent shall pay $1,000/month for May-August when the child resides with the claimant more than 60% of the time and $500/month for September-April while the child is attending university away from home; s.7 post-secondary expenses (tuition, textbooks, fees, supplies including computer, room and board, travel to/from home) are to be shared proportionately 56% respondent/44% claimant; the RESP funded by the respondent...

Citation
2014 BCSC 506
Parties
Claimant: Sarah Marianne Hamilton; Respondent: Rolf Popp
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 March 2014
Procedural Posture
Family Law Child Support Variation / Judgment (application to Vary Prior Child Support Order)
Outcome
Application granted in part; Rogers J. February 12, 2008 order varied as set out below; each party to bear their own costs.
Legal Topics
Section 3(2) Child Support Guidelines, Section 7 Special and Extraordinary Expenses, Post Secondary Education Expenses, Variation of Divorce/child Support Order, RESP Treatment, Travel Expenses, Enforcement and Arrears
Source Language
English
Family Law Child Support Divorce Act Civil Procedure Section 3(2) Child Support Guidelines Section 7 Special and Extraordinary Expenses Post Secondary Education Expenses Variation of Divorce/child Support Order +3 more

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Parties

Sarah Marianne Hamilton

Claimant

Rolf Popp

Respondent

Procedural Posture

Family Law Child Support Variation / Judgment (application to Vary Prior Child Support Order)

Legal Issues

  1. 1 Whether child support should continue while adult child attends university away from home
  2. 2 Whether post-secondary education and living expenses should be shared proportionately or equally
  3. 3 Whether RESP contributions made by a parent post-separation may be applied as that parent's share of s.7 expenses

Ratio Decidendi

Applying s.3(2)(b) of the Guidelines and relevant caselaw, the court varied the 2008 Rogers J. order: while the adult child attends university away from home child support is reduced to reflect the child's living arrangements and parents' means; specifically the respondent shall pay $1,000/month for May-August when the child resides with the claimant more than 60% of the time and $500/month for September-April while the child is attending university away from home; s.7 post-secondary expenses (tuition, textbooks, fees, supplies including computer, room and board, travel to/from home) are to be shared proportionately 56% respondent/44% claimant; the RESP funded by the respondent...

Court Disposition

Application granted in part; Rogers J. February 12, 2008 order varied as set out below; each party to bear their own costs.

Orders

  • Nicholas remains a child of the marriage.
  • The February 12, 2008 Rogers J. order is varied: commencing September 1, 2014 for each academic year the respondent shall pay the claimant $500 per month from September 1 to April 1 while Nicholas is attending university away from home.