Wlodarczyk v. Wlodarczyk

Wlodarczyk v. Wlodarczyk

The court found that requiring the full Guideline amount would cause undue hardship to the defendant but that undue hardship did not justify reducing support to zero; after including imputed rental value the defendant's income for Guideline purposes was $18,800 (Guideline amount $279/month for two children) and the...

Source-derived case information.

Citation
2002 BCSC 1253
Parties
Plaintiff: Sabrina Olivia Wlodarczyk; Defendant: Michael Jan Wlodarczyk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 August 2002
Procedural Posture
Divorce Act Child Support Variation / Application to Vary Support Order (hearing)
Outcome
Variation granted in part: child support reduced from Guideline to $140 per month; effective August 1, 2001; arrears to be calculated.
Legal Topics
Variation of Support, Child Support Guidelines, Undue Hardship, Arrearages
Source Language
english
Family Law Child Support Divorce Act Variation of Support Child Support Guidelines Undue Hardship Arrearages

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Parties

Sabrina Olivia Wlodarczyk

Plaintiff

Michael Jan Wlodarczyk

Defendant

Procedural Posture

Divorce Act Child Support Variation / Application to Vary Support Order (hearing)

Legal Issues

  1. 1 Whether the existing child support order should be varied
  2. 2 Whether application of the Guidelines would cause undue hardship warranting deviation
  3. 3 Appropriate quantum of support on variation and effective date/arrears calculation

Ratio Decidendi

The court found that requiring the full Guideline amount would cause undue hardship to the defendant but that undue hardship did not justify reducing support to zero; after including imputed rental value the defendant's income for Guideline purposes was $18,800 (Guideline amount $279/month for two children) and the appropriate reduced order was set at $140/month effective August 1, 2001, with arrears to be calculated accordingly.

Court Disposition

Variation granted in part: child support reduced from Guideline to $140 per month; effective August 1, 2001; arrears to be calculated.

Orders

  • Defendant to pay $140 per month for support of the two children, payable effective August 1, 2001.
  • Arrears to be calculated by counsel and specified in the order based on the variation effective August 1, 2001.