Walker v. Walker

Walker v. Walker

Respondent's income for child support is fixed at his pre-disability earnings of $84,748.79; child support set at $1,247 per month effective March 1, 2011; retroactive child support of $11,073 awarded from claimant's December 2009 application; s.7 expenses to be shared proportionally going forward with claimant's income found to be $30,000; retroactive s.7 dismissed for lack of notice except respondent to pay his share of Colton's preschool for Jan-Feb 2011; interim spousal support claims dismissed except respondent must reinstate claimant on his employer extended medical and dental coverage and pay related past expenses proportionately; exclusive occupancy of former family home granted...

Citation
2011 BCSC 582
Parties
Claimant: Krystal Jamie Marie Walker; Respondent: Scott Robert Walker
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 April 2011
Procedural Posture
Family Law Supreme Court of British Columbia / Interim Applications (oral Reasons on Child Support, Spousal Support, S.7 Expenses, Occupancy and Benefits)
Outcome
Partially allowed in part and dismissed in part: child support, retroactive child support and sharing of s.7 expenses ordered; retroactive s.7 mostly dismissed; spousal support largely dismissed except benefits reinstatement; exclusive occupancy granted; s.15 report refused; costs reserved.
Legal Topics
Child Support, Spousal Support, Special (s.7) Expenses, Retroactive Support, Undue Hardship, Income for Support Purposes, Exclusive Occupancy, Medical and Dental Benefits, Section 15 Report, Costs
Source Language
English
Family Law Child Support Spousal Support Special (s.7) Expenses Retroactive Support Undue Hardship Income for Support Purposes Exclusive Occupancy +3 more

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Parties

Krystal Jamie Marie Walker

Claimant

Scott Robert Walker

Respondent

Procedural Posture

Family Law Supreme Court of British Columbia / Interim Applications (oral Reasons on Child Support, Spousal Support, S.7 Expenses, Occupancy and Benefits)

Legal Issues

  1. 1 What is the respondent's income for child support given recent short-term disability evidence?
  2. 2 Whether child support should be reduced for undue hardship due to access costs
  3. 3 Whether retroactive child support and retroactive s.7 expenses should be ordered

Ratio Decidendi

Respondent's income for child support is fixed at his pre-disability earnings of $84,748.79; child support set at $1,247 per month effective March 1, 2011; retroactive child support of $11,073 awarded from claimant's December 2009 application; s.7 expenses to be shared proportionally going forward with claimant's income found to be $30,000; retroactive s.7 dismissed for lack of notice except respondent to pay his share of Colton's preschool for Jan-Feb 2011; interim spousal support claims dismissed except respondent must reinstate claimant on his employer extended medical and dental coverage and pay related past expenses proportionately; exclusive occupancy of former family home granted...

Court Disposition

Partially allowed in part and dismissed in part: child support, retroactive child support and sharing of s.7 expenses ordered; retroactive s.7 mostly dismissed; spousal support largely dismissed except benefits reinstatement; exclusive occupancy granted; s.15 report refused; costs reserved.

Orders

  • Respondent's income for child support purposes fixed at $84748.79 per year
  • Respondent to pay child support of $1247 per month, payable on the 1st of each month, effective March 1, 2011