B.V. v. M.V.V.

B.V. v. M.V.V.

The court ordered variation of child support to Guideline amounts effective July 1, 2005 (following the notice of motion), found Guideline incomes of $29,000 (father) and $31,000 (mother) with corresponding Guideline obligations ($258 for M.I.V.V. and $273 for M.R.V.), offset those obligations resulting in a $15 per...

Source-derived case information.

Citation
2006 BCSC 428
Parties
Petitioner (mother): B.V.; Respondent (father): M.V.V.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 March 2006
Procedural Posture
Divorce/family Law Variation of Child and Spousal Support, Custody / Motion to Vary Support and Custody; Hearing Before Justice Following Master's Interim Order
Outcome
Application partially allowed: spousal support cancelled from date of plaintiff's remarriage (May 1998) with arrears from June 1, 1998 cancelled; child support varied to Guideline amounts effective July 1, 2005; credits to child support arrears granted for periods when children were in father's care totalling...
Legal Topics
Variation of Support Orders, Arrears Adjustment and Cancellation, Income Determination for Guidelines, Credit for Periods of Care, Offsetting Support Obligations
Source Language
english
Family Law Child Support Spousal Support Custody and Access Variation of Support Orders Arrears Adjustment and Cancellation Income Determination for Guidelines Credit for Periods of Care +1 more

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Parties

B.V.

Petitioner (mother)

M.V.V.

Respondent (father)

Procedural Posture

Divorce/family Law Variation of Child and Spousal Support, Custody / Motion to Vary Support and Custody; Hearing Before Justice Following Master's Interim Order

Legal Issues

  1. 1 Whether child support orders should be varied to Guideline amounts effective July 1, 2005
  2. 2 Whether child support arrears should be cancelled or reduced given periods when children were in father's care
  3. 3 Whether spousal support should be cancelled in light of plaintiff's remarriage and changed circumstances

Ratio Decidendi

The court ordered variation of child support to Guideline amounts effective July 1, 2005 (following the notice of motion), found Guideline incomes of $29,000 (father) and $31,000 (mother) with corresponding Guideline obligations ($258 for M.I.V.V. and $273 for M.R.V.), offset those obligations resulting in a $15 per month obligation owing from the mother to the father, credited arrears for periods when children were in the father's care (six $140 payments and seven $280 payments totaling $2,800 plus an additional credit of ten $140 payments totaling $1,400), cancelled spousal support and spousal arrears from June 1, 1998 (reflecting the mother's remarriage in May 1998), declined to cancel...

Court Disposition

Application partially allowed: spousal support cancelled from date of plaintiff's remarriage (May 1998) with arrears from June 1, 1998 cancelled; child support varied to Guideline amounts effective July 1, 2005; credits to child support arrears granted for periods when children were in father's care totalling...

Orders

  • Spousal support cancelled from the date of the plaintiff's remarriage in May 1998; arrears of spousal support incurred from June 1, 1998 are cancelled
  • Child support orders varied to conform to the Federal Child Support Guidelines effective July 1, 2005: father's Guideline income found to be $29,000 (obligation $258 for M.I.V.V.); mother's Guideline income found to be $31,000 (obligation $273 for M.R.V.), with the mother owing the net difference of $15 per month