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Canada Case Law

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Family law 2023 BCSC 1458

Sung v. Sui

The court held the parties’ adult son was no longer a child of the marriage after October 2022, ending child support and fixing arrears at $0.00.

  • Child of the marriage
  • Continuing obligation
  • Post-secondary education
  • Farden factors
  • Disability/illness
  • Costs
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Family law 2016 BCSC 1384

Dhaliwal v. Cheema

The court dismissed a father’s bid to cancel child support arrears, finding his financial disclosure incomplete, his income evidence unreliable, and alleged set-offs unproven.

  • Cancellation of child support arrears
  • Variation of support orders
  • Set-off for in-kind payments
  • Financial disclosure
  • Claims of loans between spouses
  • Property liens
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Family law 2015 BCSC 1732

N.M. v. G.M.

Court varied child support retroactively and prospectively, held three children had ceased to be children of the marriage on specific dates, and directed arrears to be recalculated.

  • Retroactive variation
  • Definition of child of the marriage
  • Income imputation
  • Arrears reduction/cancellation
  • Shared parenting set-off
  • Retroactive-child-support-variation
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Family law 2014 BCSC 637

Kennedy v. Kennedy

Father sought to vary child support arrears after an income drop. The court reduced arrears by one year, cancelled accrued interest, and left the original support order in place.

  • Variation of child support
  • Arrears reduction/cancellation
  • Income imputation
  • Guideline income
  • Interest on arrears
  • Costs
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Family law 2012 BCSC 227

Ball v. Ball

The court upheld a separation agreement as orally varied, ended child support for E.B. as of June 30, 2008, found an overpayment, and reduced ongoing spousal support.

  • Separation agreement validity and variation
  • Oral variation of agreement
  • Definition and status of 'child of the marriage'
  • Calculation and crediting of support payments
  • Spousal support variation due to income change
  • Setting aside fmep arrears
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Family law 2010 BCSC 295

Bianchin v. Bianchin

A British Columbia court reduced spousal support after finding the payor’s income had substantially fallen, refused to impute income to the recipient, and adjusted arrears.

  • Variation and review of spousal support
  • Imputation of income
  • Means and material change
  • Spousal support advisory guidelines
  • Calculation and reduction of arrears
  • Spousal-support-variation
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Family law 2004 BCSC 1594

B.A.A. v. S.R.A.

In this family law summary trial, the court ordered equal division of assets, recalculated child support, and awarded lump sum compensatory spousal support.

  • Division of family assets
  • Reapportionment
  • Valuation of matrimonial home
  • Child support arrears and overpayment
  • Extraordinary expenses
  • Lump sum compensatory spousal support
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.