Hackman v. Hackman

Hackman v. Hackman

The court accepted the respondent's actual WCB‑supported income evidence and refused to impute higher income; applying the Guidelines with setoff for shared parenting produced arrears of $43,962 which the claimant must pay under a phased schedule; tax credit allocation did not reduce child support arrears; RESP...

Source-derived case information.

Citation
2017 BCSC 2120
Parties
Claimant: Wayne Gordon Hackman; Respondent: Tara Rose Hackman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 November 2017
Procedural Posture
Family Law Child Support Variation / Application for Retroactive Variation — Judgment
Outcome
Application granted in part and dismissed in part: retroactive child support awarded; RESP and fine applications dismissed; costs to respondent.
Legal Topics
Retroactive Child Support, Income Imputation, Shared Parenting Setoff, RESP Contribution Obligations, Financial Disclosure, Allocation of Tax Credits
Source Language
english
Family Law Child Support Taxation Workers' Compensation / Rehabilitation Retroactive Child Support Income Imputation Shared Parenting Setoff RESP Contribution Obligations +2 more

Source-derived case record

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Parties

Wayne Gordon Hackman

Claimant

Tara Rose Hackman

Respondent

Procedural Posture

Family Law Child Support Variation / Application for Retroactive Variation — Judgment

Legal Issues

  1. 1 Whether retroactive variation of child support to May 1, 2012 should be ordered
  2. 2 Whether the respondent's income should be imputed or her actual income used
  3. 3 Proper setoff calculation under shared parenting and resulting arrears

Ratio Decidendi

The court accepted the respondent's actual WCB‑supported income evidence and refused to impute higher income; applying the Guidelines with setoff for shared parenting produced arrears of $43,962 which the claimant must pay under a phased schedule; tax credit allocation did not reduce child support arrears; RESP reimbursement and a fine for disclosure were not warranted on the evidence.

Court Disposition

Application granted in part and dismissed in part: retroactive child support awarded; RESP and fine applications dismissed; costs to respondent.

Orders

  • The claimant will pay the respondent $43,962 in child support arrears for the period of May 1, 2012 to September 30, 2017, at a minimum rate of $300 per month, with arrears to be paid at $800 per month if child support obligation ceases prior to payment in full
  • Effective October 1, 2017, the claimant will pay the respondent child support in the amount of $805 per month for ELAH, with child support to be reviewed as of May 13, 2018