Roche v. Chen

Roche v. Chen

On the interim record the claimant did not meet the heavy onus of clear and compelling evidence required to rebut the presumption in favour of the Guideline table amount; the Guideline amount of $3,753 per month is not inappropriate and is ordered from August 1, 2012; retroactivity is adjourned to trial; costs...

Source-derived case information.

Citation
2012 BCSC 1290
Parties
Claimant: Brian William Roche; Respondent: Yu Chen also known as Jade Chen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 August 2012
Procedural Posture
Family Law Child Support / Interim Application
Outcome
Applicant's (respondent's) interim support application granted in part; Guideline child support ordered.
Legal Topics
Child Support Guidelines, High Income Payor Deviation, Interim Maintenance, Retroactivity, Costs
Source Language
english
Family Law Child Support Interim Relief Child Support Guidelines High Income Payor Deviation Interim Maintenance Retroactivity Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Brian William Roche

Claimant

Yu Chen also known as Jade Chen

Respondent

Procedural Posture

Family Law Child Support / Interim Application

Legal Issues

  1. 1 Whether the Guideline table amount applies where payor income exceeds $150,000
  2. 2 Whether the payor has rebutted the presumption in favour of the Guideline amount with clear and compelling evidence
  3. 3 Appropriate interim child support quantum and retroactivity

Ratio Decidendi

On the interim record the claimant did not meet the heavy onus of clear and compelling evidence required to rebut the presumption in favour of the Guideline table amount; the Guideline amount of $3,753 per month is not inappropriate and is ordered from August 1, 2012; retroactivity is adjourned to trial; costs awarded to the applicant in the cause.

Court Disposition

Applicant's (respondent's) interim support application granted in part; Guideline child support ordered.

Orders

  • Claimant to pay $3,753 per month for the support of the child Declan commencing August 1, 2012, payable on the first day of each month until further order of the Court.
  • Respondent's claim for retroactive child support adjourned to trial.