S.C. v. D.A.

S.C. v. D.A.

Shared custody and joint guardianship ordered with existing alternating-week schedule and detailed parenting directions; D.A.'s guideline income was imputed at $52,648.75 (line 150 plus $16,500 imputed adjustments) leading to monthly child support of $121.67 payable by D.A. to S.C. and proportionate sharing of s.7 expenses; S.C.'s spousal support claim dismissed because no compensatory or non-compensatory entitlement proven; S.C.'s unjust enrichment claim dismissed on juristic reason/expectation analysis (alternative monetary quantification would have been $3,782); family home to be sold or purchased by D.A. with credit for post-separation mortgage principal payments and adjusted...

Citation
2012 BCSC 1061
Parties
Plaintiff: S.C.; Defendant: D.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 July 2012
Procedural Posture
Family Law Cohabitation/separation / Trial Judgment (reasons for Judgment)
Outcome
Judgment awarding joint custody/guardianship and detailed parenting regime; child support ordered; spousal support dismissed; unjust enrichment claim dismissed; family home to be sold or defendant given option to buy with adjustments.
Legal Topics
Shared Parenting, Joint Custody and Guardianship, Income Imputation for Guideline Purposes, Section 15 Custody Assessment Report, Section 7 Special Expenses, Division of Family Home, RRSP and Pension Division, Line of Credit Allocation, Partition of Property, Retroactive Child Support
Source Language
English
Family Law Child Custody Child Support Spousal Support Property Division Unjust Enrichment Shared Parenting Joint Custody and Guardianship +8 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 6 Authorities cited 13 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

S.C.

Plaintiff

D.A.

Defendant

Procedural Posture

Family Law Cohabitation/separation / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 What custody and parenting arrangement is in the child's best interests?
  2. 2 Whether and how to impute income to D.A. for child support purposes
  3. 3 Whether S.C. is entitled to spousal support (compensatory or non-compensatory)

Ratio Decidendi

Shared custody and joint guardianship ordered with existing alternating-week schedule and detailed parenting directions; D.A.'s guideline income was imputed at $52,648.75 (line 150 plus $16,500 imputed adjustments) leading to monthly child support of $121.67 payable by D.A. to S.C. and proportionate sharing of s.7 expenses; S.C.'s spousal support claim dismissed because no compensatory or non-compensatory entitlement proven; S.C.'s unjust enrichment claim dismissed on juristic reason/expectation analysis (alternative monetary quantification would have been $3,782); family home to be sold or purchased by D.A. with credit for post-separation mortgage principal payments and adjusted...

Court Disposition

Judgment awarding joint custody/guardianship and detailed parenting regime; child support ordered; spousal support dismissed; unjust enrichment claim dismissed; family home to be sold or defendant given option to buy with adjustments.

Orders

  • Parents are joint guardians and custodians; child to continue alternating weeks in each parent's home and the detailed parenting directions of Dr. Colby's s.15 report (with minor modifications) are adopted
  • All parental communications to be by e-mail (urgent matters by text) and courteous; school communication primarily through S.C. with e-mail notice to D.A.; medical appointment notices to be shared by e-mail within two days