Stamler v. Lessard

Stamler v. Lessard

Court found respondent's guideline income to be $62,130 and claimant's s.7 income to be $72,000, ordered guideline child support of $942/month because respondent did not establish undue hardship under s.10, apportioned Section 7 extraordinary expenses so respondent pays 45% of expenses exceeding $200/month on...

Source-derived case information.

Citation
2013 BCSC 1123
Parties
Claimant: Vanessa Dawn Stamler; Respondent: Vaughn Kenneth Lessard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 June 2013
Procedural Posture
Family Law Variation of Child Support and Access Orders / Application to Vary Existing Orders; Reasons for Judgment
Outcome
Prior orders varied as set out in reasons for judgment.
Legal Topics
Undue Hardship Under S.10 of the Federal Child Support Guidelines, Section 7 Extraordinary Expenses Allocation, Income Determination for Child Support, Variation of Prior Court Orders
Source Language
english
Family Law Child Support Custody and Access Undue Hardship Under S.10 of the Federal Child Support Guidelines Section 7 Extraordinary Expenses Allocation Income Determination for Child Support Variation of Prior Court Orders

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Parties

Vanessa Dawn Stamler

Claimant

Vaughn Kenneth Lessard

Respondent

Procedural Posture

Family Law Variation of Child Support and Access Orders / Application to Vary Existing Orders; Reasons for Judgment

Legal Issues

  1. 1 Whether child support should be increased based on recalculated incomes
  2. 2 Whether respondent established undue hardship to avoid guideline support
  3. 3 How Section 7 extraordinary expenses should be apportioned

Ratio Decidendi

Court found respondent's guideline income to be $62,130 and claimant's s.7 income to be $72,000, ordered guideline child support of $942/month because respondent did not establish undue hardship under s.10, apportioned Section 7 extraordinary expenses so respondent pays 45% of expenses exceeding $200/month on production of receipts, varied access to a defined every-second-weekend plus regular Thursday overnight schedule, vacated prior work-schedule and grandparents' child care requirements, and granted limited payment relief for accrued arrears.

Court Disposition

Prior orders varied as set out in reasons for judgment.

Orders

  • Respondent's income for guideline calculation set at 62130 CAD per annum.
  • Claimant's income for s.7 calculation set at 72000 CAD per annum.