C.A.M. v. T.C.H.

C.A.M. v. T.C.H.

The respondent demonstrated a significant, continuous, non-choice decline in income supported by reliable disclosure and effective notice (December 18, 2018) such that child support and spousal support payments were retroactively varied effective January 1, 2019; spousal support was terminated on review as the bases for the original award were exhausted; the claimant must reimburse respondent $1,936 for 2017 daycare as ordered at trial; broad social media gag orders were declined but focused conduct orders restricting communications about the case and with the children were made.

Citation
2023 BCSC 1283
Parties
Claimant: C.A.M.; Respondent: T.C.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 July 2023
Procedural Posture
Family Law Parenting and Support Variation / Chambers Application for Retroactive Variation of Support, Spousal Support Review, Conduct Orders; Reasons for Judgment
Outcome
Application granted in part and dismissed in part.
Legal Topics
Retroactive Variation of Support, Spousal Support Review and Termination, Imputation of Income and Underemployment, Special and Extraordinary Expenses (daycare), Disclosure Obligations, Social Media and Conduct Orders, Use of Supreme Court Family Rules
Source Language
English
Family Law Child Support Spousal Support Civil Procedure Conduct Orders Retroactive Variation of Support Spousal Support Review and Termination Imputation of Income and Underemployment +4 more

Case Brief

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Parties

C.A.M.

Claimant

T.C.H.

Respondent

Procedural Posture

Family Law Parenting and Support Variation / Chambers Application for Retroactive Variation of Support, Spousal Support Review, Conduct Orders; Reasons for Judgment

Legal Issues

  1. 1 Whether respondent is entitled to retroactive reduction of child and spousal support based on reduced income
  2. 2 Whether spousal support should be terminated on review
  3. 3 Whether conduct orders should restrict claimant's social media and communications and whether parties' communications with children should be restricted

Ratio Decidendi

The respondent demonstrated a significant, continuous, non-choice decline in income supported by reliable disclosure and effective notice (December 18, 2018) such that child support and spousal support payments were retroactively varied effective January 1, 2019; spousal support was terminated on review as the bases for the original award were exhausted; the claimant must reimburse respondent $1,936 for 2017 daycare as ordered at trial; broad social media gag orders were declined but focused conduct orders restricting communications about the case and with the children were made.

Court Disposition

Application granted in part and dismissed in part.

Orders

  • Retroactive variation of child support and spousal support recalculated effective January 1, 2019 based on respondent incomes: 2019 $30,019, 2020 $41,374, 2021 $47,518, 2022 (to date of application) $40,333
  • Monthly net child support recalculated as: 2019 $29.00, 2020 $300.00, 2021 $390.00, 2022 $285.00 (set off against claimant imputed income $22,500)