T.C.T. v. S.L.T.

T.C.T. v. S.L.T.

Court found respondent experienced a genuine material change in circumstances (job loss) not of his choosing; set respondent's Guidelines income at $27,248 effective May 1, 2015; terminated child support for K.L.T. effective May 1, 2015; set child support for R.T. at zero on setoff due to equal shared custody; suspended periodic spousal support temporarily but preserved claimant's compensatory entitlement and potential lump‑sum or reapportionment remedies at trial; granted limited interim access to claimant's alleged $111,000 fund with required accounting and imposed a mutual restraining order on other assets; made interim possession orders for vehicles; directed equal sharing of...

Citation
2015 BCSC 1602
Parties
Claimant: T.C.T.; Respondent: S.L.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 August 2015
Procedural Posture
Family Law Variation Application (support and Interim Property) / Chambers Application for Variation and Interim Relief
Outcome
Application partly granted in part, partly adjourned; variation of support effective May 1, 2015 and multiple interim property and procedural orders as set out below.
Legal Topics
Variation of Support Orders, Change of Circumstance, Imputation of Income, Restraining Order Under Family Law Act S.91, Excluded Property, S.7 Extraordinary Expenses, Interim Possession of Property, Division of Sale Proceeds, Costs
Source Language
English
Family Law Divorce Child Support Spousal Support Property Division Interim Relief Variation of Support Orders Change of Circumstance +7 more

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Parties

T.C.T.

Claimant

S.L.T.

Respondent

Procedural Posture

Family Law Variation Application (support and Interim Property) / Chambers Application for Variation and Interim Relief

Legal Issues

  1. 1 Whether respondent experienced a change of circumstances justifying variation of child and spousal support
  2. 2 Whether respondent is intentionally underemployed and income should be imputed under s.19 of the Federal Child Support Guidelines
  3. 3 Proper termination date for child support for K.L.T.

Ratio Decidendi

Court found respondent experienced a genuine material change in circumstances (job loss) not of his choosing; set respondent's Guidelines income at $27,248 effective May 1, 2015; terminated child support for K.L.T. effective May 1, 2015; set child support for R.T. at zero on setoff due to equal shared custody; suspended periodic spousal support temporarily but preserved claimant's compensatory entitlement and potential lump‑sum or reapportionment remedies at trial; granted limited interim access to claimant's alleged $111,000 fund with required accounting and imposed a mutual restraining order on other assets; made interim possession orders for vehicles; directed equal sharing of...

Court Disposition

Application partly granted in part, partly adjourned; variation of support effective May 1, 2015 and multiple interim property and procedural orders as set out below.

Orders

  • Terminate child support for K.L.T. effective May 1, 2015.
  • Reduce respondent's Federal Child Support Guidelines income to 27248 CAD effective May 1, 2015 for support calculations.