T.E.F. v. P.R.F.

T.E.F. v. P.R.F.

Master attributed to the payor an annual income of $40,000 for 2002 based on projected company gross, deduction of estimated compulsory contributions and expenses, and adding back certain non-deductible personal company expenses and spouse wages; based on that income the court ordered guideline child support of $343 per month commencing April 1, 2002; no order was made for special/extraordinary expenses and no costs were awarded; custody, the 40% time threshold and life insurance obligations were left unresolved pending custody report and without releasing contractual obligations under the separation agreement.

Citation
2002 BCSC 1286
Parties
Plaintiff: T.E.F.; Defendant: P.R.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 September 2002
Procedural Posture
Family Law Custody and Child Support / Hearing on Remaining Issues; Reasons for Judgment by Master (interim/post Separation Variation)
Outcome
Child support fixed on applicant's 2002 projected income: $343 per month payable by T.E.F. commencing April 1, 2002; no order for extraordinary expenses; no costs awarded; custody and life insurance issues reserved pending custody report and without releasing obligations under the separation agreement.
Legal Topics
Child Support Calculation Under Federal Guidelines, Attribution of Corporate Income and Add Backs, Extraordinary (special) Expenses, Life Insurance for Children, Custody Time Sharing Threshold (40%)
Source Language
English
Family Law Child Support Custody and Access Child Support Calculation Under Federal Guidelines Attribution of Corporate Income and Add Backs Extraordinary (special) Expenses Life Insurance for Children Custody Time Sharing Threshold (40%)

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Parties

T.E.F.

Plaintiff

P.R.F.

Defendant

Procedural Posture

Family Law Custody and Child Support / Hearing on Remaining Issues; Reasons for Judgment by Master (interim/post Separation Variation)

Legal Issues

  1. 1 Determination of payor's income for child support under Federal Child Support Guidelines
  2. 2 Whether certain corporate expenses are personal and should be added back to income
  3. 3 Whether special/extraordinary expenses for the child should be ordered under the Guidelines

Ratio Decidendi

Master attributed to the payor an annual income of $40,000 for 2002 based on projected company gross, deduction of estimated compulsory contributions and expenses, and adding back certain non-deductible personal company expenses and spouse wages; based on that income the court ordered guideline child support of $343 per month commencing April 1, 2002; no order was made for special/extraordinary expenses and no costs were awarded; custody, the 40% time threshold and life insurance obligations were left unresolved pending custody report and without releasing contractual obligations under the separation agreement.

Court Disposition

Child support fixed on applicant's 2002 projected income: $343 per month payable by T.E.F. commencing April 1, 2002; no order for extraordinary expenses; no costs awarded; custody and life insurance issues reserved pending custody report and without releasing obligations under the separation agreement.

Orders

  • Child support ordered payable by T.E.F. at $343 per month commencing April 1, 2002
  • No order for extraordinary (special) child expenses pursuant to the Guidelines