S.W.A. v. C.S.

S.W.A. v. C.S.

Court used the evidence to set the plaintiff's Guideline income at CAD 22,500 (USD 14,560 converted) and declined to impute additional income under s.19I for lack of evidence; imputed the defendant's income at CAD 22,500 for allocation of extraordinary expenses; calculated basic Guideline support at CAD 197.15 then...

Source-derived case information.

Citation
2003 BCSC 562
Parties
Plaintiff: S.W.A.; Defendant: C.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 April 2003
Procedural Posture
Family Law Divorce, Custody and Child Support / Rule 18 a Motion Hearing (applications for Custody, Access, Child Support and Divorce)
Outcome
Divorce granted; child support set at CAD 548.65 per month commencing April 1, 2003; claim for arrears dismissed; alternating one month summer access awarded; no order for costs.
Legal Topics
Child Support Guidelines, Imputation of Income (s.19 I), Extraordinary Expenses, Post‑separation Agreement/enforcement, Visitation/summer Access, Arrears
Source Language
english
Family Law Divorce Child Support Access/custody Child Support Guidelines Imputation of Income (s.19 I) Extraordinary Expenses Post‑separation Agreement/enforcement +2 more

Source-derived case record

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Parties

S.W.A.

Plaintiff

C.S.

Defendant

Procedural Posture

Family Law Divorce, Custody and Child Support / Rule 18 a Motion Hearing (applications for Custody, Access, Child Support and Divorce)

Legal Issues

  1. 1 Whether divorce should be granted
  2. 2 Proper income to use for Guideline child support and whether to impute income under s.19I
  3. 3 Calculation and allocation of extraordinary expenses

Ratio Decidendi

Court used the evidence to set the plaintiff's Guideline income at CAD 22,500 (USD 14,560 converted) and declined to impute additional income under s.19I for lack of evidence; imputed the defendant's income at CAD 22,500 for allocation of extraordinary expenses; calculated basic Guideline support at CAD 197.15 then added equal share of extraordinary expenses to set child support at CAD 548.65/month commencing April 1, 2003; held defendant breached the January 22, 2002 agreement by refusing to facilitate travel absent airfare payment and therefore was not entitled to arrears based on the $950 agreement; ordered alternating one month summer access (2003 month August) with plaintiff to bear...

Court Disposition

Divorce granted; child support set at CAD 548.65 per month commencing April 1, 2003; claim for arrears dismissed; alternating one month summer access awarded; no order for costs.

Orders

  • Divorce granted (order becomes final 31 days from date of reasons)
  • Plaintiff to pay child support of CAD 548.65 per month commencing April 1, 2003