L.J.M. v. S.M.M.

L.J.M. v. S.M.M.

Given the child's increasing independence, the father's availability to assist, and the statutory requirement of self-sufficiency under s.89(2), spousal support should be progressively reduced and terminated unless the recipient can demonstrate ongoing inability to obtain employment or under-employment attributable to custodial obligations; accordingly support was set to reduce and cease by June 2005 absent cause shown.

Citation
2003 BCSC 1950
Parties
Petitioner: L.J.M.; Respondent: S.M.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 December 2003
Procedural Posture
Spousal and Child Support Variation / Application for Variation (hearing)
Outcome
Spousal support reduced on a graduated basis and scheduled to cease June 2005 unless respondent satisfies the court it should continue.
Legal Topics
Variation of Support Orders, Custodial Obligations, Self Sufficiency, Family Relations Act S.89, Federal Child Support Guidelines
Source Language
English
Family Law Spousal Support Child Support Support Enforcement Variation of Support Orders Custodial Obligations Self Sufficiency Family Relations Act S.89 +1 more

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Parties

L.J.M.

Petitioner

S.M.M.

Respondent

Procedural Posture

Spousal and Child Support Variation / Application for Variation (hearing)

Legal Issues

  1. 1 Whether spousal support should be increased, reduced or terminated
  2. 2 Whether custodial obligations for an autistic child justify continued spousal support
  3. 3 Application of s.89 Family Relations Act requirement of self-sufficiency

Ratio Decidendi

Given the child's increasing independence, the father's availability to assist, and the statutory requirement of self-sufficiency under s.89(2), spousal support should be progressively reduced and terminated unless the recipient can demonstrate ongoing inability to obtain employment or under-employment attributable to custodial obligations; accordingly support was set to reduce and cease by June 2005 absent cause shown.

Court Disposition

Spousal support reduced on a graduated basis and scheduled to cease June 2005 unless respondent satisfies the court it should continue.

Orders

  • Continue spousal support of $500 per month through June 2004.
  • Reduce spousal support to $250 per month from July 2004 to June 2005.