Canada Case Law

Zigich v. Zigich

Court

Supreme Court of British Columbia

The review is de novo; the parties qualify for shared parenting under s.9; the respondent was found under-employed and his Guidelines income was imputed at $75,000; the claimant's Guidelines income is fixed at $37,547 for 2024 and $66,320 for 2025; support is set on a set-off/shared basis with specified monthly amounts and arrears calculated; claimant entitled to reimbursement for childcare and dance expenses but must provide receipts; respondent's application to cancel FMEA default fee and statutory interest and to remove attachments was dismissed; FMEA must recalculate statutory interest an…

Source excerpt

• Imputation of income
• Shared parenting (s.9 guidelines)
• Section 17 variation
• Section 7 expenses
• Fmea default fees and statutory interest
• Set-off of support amounts

Read case analysis

Johnson v. Johnson

Court

Supreme Court of British Columbia

The court clarified monthly spousal and child support for defined periods, declined to vary special expenses, and fixed prospective special expenses.

• Special expenses
• Guideline income
• Arrears
• Shared parenting
• Support calculation
• Support enforcement

Read case analysis

Prokosh v. Kemp

Court

Supreme Court of British Columbia

The court dismissed the claimant’s request for security for support, ordered production of bank statements, and left costs to be decided later.

• Security for support
• Disclosure of financial records
• Retroactive child support
• Interim support
• Imputation of income
• Family maintenance enforcement act s.30.1

Read case analysis

J.D. v. Y.P.

Court

Supreme Court of British Columbia

The court refused to cancel child support arrears, fixed ongoing support at $617 monthly, adjusted s. 7 cost sharing, and ordered a s. 211 report on parental alienation.

• Child support variation
• Arrears cancellation (s.174 fla)
• Section 7 extraordinary expenses
• Parental alienation / s.211 report
• Contempt for failure to produce receipts
• Costs and enforcement

Read case analysis

Rozendaal v. Rozendaal

Court

Supreme Court of British Columbia

Court varied child support after finding the child was full-time employed for part of 2012, reduced ongoing support, ordered partial set-off, and apportioned college expenses.

• Child of the marriage
• Variation of child support
• Section 7 expenses
• Disclosure obligations
• Set-off against judgment
• Post-secondary support

Read case analysis

Rota v. Rota

Court

Supreme Court of British Columbia

The court fixed the payor’s child-support income at $55,000, reduced support to $833 monthly, and ordered extraordinary expenses shared proportionately.

• Extraordinary expenses
• Income determination for support
• Variation of child support
• Allocation of costs
• Application of federal child support guidelines
• Child-support

Read case analysis

Wooldridge v. Paton

Court

Supreme Court of British Columbia

Court varied child support upward, imputed incomes to both parents, ordered contribution to orthodontic expenses, declined music and gymnastics claims, and reduced arrears.

• Upward variation of child support
• Imputation of income
• Section 7 extraordinary expenses
• Arrear calculation and credits
• Undue hardship
• Child-support

Read case analysis