C.E.K. v. S.D.P.

C.E.K. v. S.D.P.

The court held child support under s.9 should be calculated using the parties' 2014 incomes effective to the hearing date (Jan 7, 2015) with annual exchange of tax returns and adjustments each July 1; the claimant was entitled to the trust funds ($30,326.23 plus interest) because respondent failed to prove a debt to his parents; the claimant was entitled to one-half of the pension underpayment ($4,376.20) arising from childcare leave; the respondent must pay the claimant $2,000 to equalize vehicle values/debts based on court-fixed vehicle valuations and shared family debt; and the respondent's request for a mandatory minimum number of child activities was dismissed for lack of evidence of...

Citation
2015 BCSC 960
Parties
Claimant: C.E.K.; Respondent: S.D.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 June 2015
Procedural Posture
Family Law Divorce, Child Support, Property and Pension Issues / Application Hearing (reasons for Judgment)
Outcome
Application granted in part and dismissed in part in accordance with the reasons for judgment
Legal Topics
Shared Custody, Child Support Under Federal Child Support Guidelines S.9, Special and Extraordinary Expenses, Division of Family Assets and Debts, Pension Underpayment Reimbursement, Trust Fund Disposition, Costs, Vehicle Valuation
Source Language
English
Family Law Child Support Property Division Pension Division Trusts and Equitable Relief Shared Custody Child Support Under Federal Child Support Guidelines S.9 Special and Extraordinary Expenses +5 more

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Parties

C.E.K.

Claimant

S.D.P.

Respondent

Procedural Posture

Family Law Divorce, Child Support, Property and Pension Issues / Application Hearing (reasons for Judgment)

Legal Issues

  1. 1 Which year's income to use for s.9 shared custody child support calculation
  2. 2 Whether respondent must equalize vehicle values and share claimant's vehicle debt
  3. 3 Whether funds held in counsel's trust ($30,326.23 plus interest) should be paid to claimant or applied to alleged debt to respondent's parents

Ratio Decidendi

The court held child support under s.9 should be calculated using the parties' 2014 incomes effective to the hearing date (Jan 7, 2015) with annual exchange of tax returns and adjustments each July 1; the claimant was entitled to the trust funds ($30,326.23 plus interest) because respondent failed to prove a debt to his parents; the claimant was entitled to one-half of the pension underpayment ($4,376.20) arising from childcare leave; the respondent must pay the claimant $2,000 to equalize vehicle values/debts based on court-fixed vehicle valuations and shared family debt; and the respondent's request for a mandatory minimum number of child activities was dismissed for lack of evidence of...

Court Disposition

Application granted in part and dismissed in part in accordance with the reasons for judgment

Orders

  • Divorce granted; divorce to take effect 31 days after the date of the order
  • Child support for E.A.P. to be determined under s.9 of the Federal Child Support Guidelines using the parties' 2014 incomes effective January 7, 2015; parties to exchange tax returns and assessments by June 30 each year and adjust child support and proportionate sharing of special/extraordinary expenses commencing...