Canada Case Law

S.K.R. v. K.S.D.

Court

Supreme Court of British Columbia

The respondent failed to establish a material change in circumstances; the Daum Report is an impermissible attempt to revisit a prior judicial income determination and the child's temporary residence and post‑secondary attendance were foreseeable and non‑continuing; therefore the Court lacks jurisdiction to vary the June 25, 2021 order, the variation application is dismissed, the interim suspension is set aside, and the existing child support order remains enforceable.

Source excerpt

• Variation of child support
• Material change in circumstances
• Imputed income under guidelines
• Section 7 extraordinary expenses
• Post‑majority support
• Arrears and rescission

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A.G. v. R.J.G.

Court

Supreme Court of British Columbia

The court varied child and spousal support, found the father’s income had materially changed, and rejected rescission of arrears and cancellation of interest.

• Retroactive variation
• Withdrawal from parental charge
• Effective notice
• Section 7 extraordinary expenses
• Arrears and rescission
• Rrsp withdrawals as income

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Caillier v. Viray

Court

Supreme Court of British Columbia

The court varied child support retroactively in part after finding a material income decrease, but largely preserved arrears and denied most additional relief.

• Retroactive decrease of child support
• Variation of child support
• Arrears and rescission
• Application of federal child support guidelines
• Disclosure obligations s.25
• Default fees and interest reduction

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