C.M. v. V.M.

C.M. v. V.M.

The father's application to vary child support was dismissed because the changes relied upon were not material under Willick and were within the contemplation of the parties at the time of the Punnett Order; conversely, the father's annual life insurance premiums were held not to be reasonable deductible business...

Source-derived case information.

Citation
2016 BCSC 2144
Parties
Claimant (father): C.M.; Respondent (mother): V.M.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 November 2016
Procedural Posture
Divorce Act Applications for Child Support Variation and Income Imputation / Hearing and Reasons for Judgment (application and Cross Application)
Outcome
Claimant's application to vary child support dismissed; Respondent's application for retroactive child support allowed; father's prospective guideline income recalculated without life insurance premium deductions.
Legal Topics
Variation of Child Support Orders, Material Change of Circumstances (willick Test), Imputation of Income Under the Federal Child Support Guidelines S.19, Retroactive Child Support (d.b.s.), Deductibility of Business Expenses for Support Calculations, Treatment of Life Insurance Premiums for Guideline Income
Source Language
english
Family Law Child Support Divorce Income Imputation Variation of Child Support Orders Material Change of Circumstances (willick Test) Imputation of Income Under the Federal Child Support Guidelines S.19 Retroactive Child Support (d.b.s.) +2 more

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Parties

C.M.

Claimant (father)

V.M.

Respondent (mother)

Procedural Posture

Divorce Act Applications for Child Support Variation and Income Imputation / Hearing and Reasons for Judgment (application and Cross Application)

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the Punnett Order to justify variation under s.17 of the Divorce Act
  2. 2 Whether the mother's income should be imputed and/or set off against the father's support obligation
  3. 3 Whether the father's large annual life insurance premiums are a reasonable deductible business expense for guideline income calculation under s.19 of the Guidelines

Ratio Decidendi

The father's application to vary child support was dismissed because the changes relied upon were not material under Willick and were within the contemplation of the parties at the time of the Punnett Order; conversely, the father's annual life insurance premiums were held not to be reasonable deductible business expenses for guideline income purposes, the father failed to discharge the evidentiary onus to justify those deductions, and his conduct in deducting and not disclosing the premiums constituted blameworthy conduct justifying retroactive child support from January 1, 2013. The father's guideline income must be recalculated without the life insurance premium deductions and...

Court Disposition

Claimant's application to vary child support dismissed; Respondent's application for retroactive child support allowed; father's prospective guideline income recalculated without life insurance premium deductions.

Orders

  • Claimant's application to impute income to the respondent and to vary the child support order is dismissed.
  • Respondent's application for retroactive child support from the claimant is allowed for the period January 1, 2013 to the present and the amount is to be determined in accordance with the reasons.