R.S. v. P.C.

R.S. v. P.C.

Court accepted converted and averaged income figures based on the accountant's opinion despite formal defects, imputed/respondent's income by averaging recent years to calculate current guideline child support of $1,815/month effective October 1, 2003; declined to award full retroactive arrears back to 1998 but awarded retroactive child support limited to the period covered by the notice of motion (July–September 2003) payable by instalment; ordered spousal support at $2,800/month for up to four years with a two year review to assess efforts toward self-sufficiency; varied access to an alternating weekend schedule and restrained respondent from entering applicant's residence without consent.

Citation
2003 BCSC 1408
Parties
Plaintiff: R.S.; Defendant: P.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 September 2003
Procedural Posture
Family Law Variation of Support and Access Orders / Application to Vary Consent Order and Existing Court Orders
Outcome
Application allowed in part and varied orders issued as detailed below.
Legal Topics
Variation of Orders, Retroactive Child Support, Financial Disclosure, Imputation of Income, Spousal Support Duration and Review, Access Schedule Modification, Restraining Orders, Costs
Source Language
English
Family Law Child Support Spousal Support Access/contact Enforcement and Remedies Variation of Orders Retroactive Child Support Financial Disclosure +5 more

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Parties

R.S.

Plaintiff

P.C.

Defendant

Procedural Posture

Family Law Variation of Support and Access Orders / Application to Vary Consent Order and Existing Court Orders

Legal Issues

  1. 1 Whether child support should be varied and retroactive arrears awarded
  2. 2 Whether spousal support should be varied and duration and review terms set
  3. 3 Whether income should be imputed/converted for child support calculation

Ratio Decidendi

Court accepted converted and averaged income figures based on the accountant's opinion despite formal defects, imputed/respondent's income by averaging recent years to calculate current guideline child support of $1,815/month effective October 1, 2003; declined to award full retroactive arrears back to 1998 but awarded retroactive child support limited to the period covered by the notice of motion (July–September 2003) payable by instalment; ordered spousal support at $2,800/month for up to four years with a two year review to assess efforts toward self-sufficiency; varied access to an alternating weekend schedule and restrained respondent from entering applicant's residence without consent.

Court Disposition

Application allowed in part and varied orders issued as detailed below.

Orders

  • Child support varied to $1,815 per month for two children, effective October 1, 2003
  • Retroactive child support of $5,445 awarded for July, August and September 2003 payable commencing October 1, 2003 by monthly instalments of $300 with a final instalment of $345