D.L.J. v. T.M.C.

D.L.J. v. T.M.C.

The court held that the sole material change of circumstance was the recipient's CPP disability pension of approximately $1,000 per month; medical evidence showed no improvement and in fact decline in her condition so the payor's other grounds (alleged underemployment, cohabitation, prior payments) did not establish...

Source-derived case information.

Citation
2012 BCSC 108
Parties
Claimant: D.L.J.; Respondent: T.M.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 January 2012
Procedural Posture
Spousal Maintenance Review / Review Judgment
Outcome
Application partially allowed: maintenance reduced; other variation grounds dismissed.
Legal Topics
Spousal Support, Maintenance Variation, Needs Based Support, Cohabitation, Disability Benefits, Change of Circumstances, Judicial Review
Source Language
english
Family Law Spousal Support Maintenance Variation Needs Based Support Cohabitation Disability Benefits Change of Circumstances Judicial Review

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Parties

D.L.J.

Claimant

T.M.C.

Respondent

Procedural Posture

Spousal Maintenance Review / Review Judgment

Legal Issues

  1. 1 Whether spousal maintenance should be reduced or terminated based on the recipient's alleged capacity to work and alleged underemployment
  2. 2 Whether the recipient's subsequent cohabitation with a new partner constituted a material change of circumstances relieving the payor of support obligations
  3. 3 Whether the payor has satisfied his ongoing support obligation by payments made to date

Ratio Decidendi

The court held that the sole material change of circumstance was the recipient's CPP disability pension of approximately $1,000 per month; medical evidence showed no improvement and in fact decline in her condition so the payor's other grounds (alleged underemployment, cohabitation, prior payments) did not establish a sufficient marked change. Because the original maintenance was needs-based and grossed up for tax, the taxable CPP pension is deducted dollar for dollar from the grossed-up maintenance, warranting a reduction of ongoing maintenance to $2,500.00 per month, payable continuing.

Court Disposition

Application partially allowed: maintenance reduced; other variation grounds dismissed.