R.A.V. v. S.M.I.V.

R.A.V. v. S.M.I.V.

Court found material change (reduced income, birth of payor's natural child, effective termination of relationship with stepson) and exercised s.5 discretion to vary support: set duration through full-time high school attendance, applied a starting point of half the two-child Guideline amount, deducted an assumed...

Source-derived case information.

Citation
2007 BCSC 1896
Parties
Plaintiff/payor (step Parent): R.A.V.; Defendant/recipient (mother): S.M.I.V.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 November 2007
Procedural Posture
Family Law Child Support Variation / Application for Variation; Oral Reasons for Judgment
Outcome
Application granted in part: child support obligation varied and made partially retroactive; joinder of biological father not ordered but custodial parent directed to pursue him if appropriate.
Legal Topics
Step Parent Support, Variation for Material Change in Circumstances, Retroactive Variation, Joining Biological Parent, Calculation of Guideline Amount
Source Language
english
Family Law Child Support Divorce Act Family Relations Act Child Support Guidelines Step Parent Support Variation for Material Change in Circumstances Retroactive Variation +2 more

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Parties

R.A.V.

Plaintiff/payor (step Parent)

S.M.I.V.

Defendant/recipient (mother)

Procedural Posture

Family Law Child Support Variation / Application for Variation; Oral Reasons for Judgment

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting termination or reduction of step-parent child support
  2. 2 Whether the biological father should be joined and required to contribute
  3. 3 Proper quantum and duration of step-parent support under s.5 of the Guidelines

Ratio Decidendi

Court found material change (reduced income, birth of payor's natural child, effective termination of relationship with stepson) and exercised s.5 discretion to vary support: set duration through full-time high school attendance, applied a starting point of half the two-child Guideline amount, deducted an assumed contribution from the biological father and a 10% reduction for the broken relationship, producing specified phased payments effective April 1, 2007 with further adjustments from October 1, 2007 and July 1, 2008; costs reserved with each party bearing own costs.

Court Disposition

Application granted in part: child support obligation varied and made partially retroactive; joinder of biological father not ordered but custodial parent directed to pursue him if appropriate.

Orders

  • Finding of material change in circumstances.
  • Child support varied retroactively: effective April 1, 2007 child support set at CAD 501 per month.