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Family law 2026 NSSC 134

AD v. ZS

Divorce granted. Shared parenting was denied due to ZS's minimal and inconsistent involvement; the court ordered supervised reintroduction via a Veith House program with a phased schedule and retained AD as primary caregiver. On child support the court found ZS intentionally under-employed and that his tax filings underreported income; arrears were calculated and set, ZS was credited $2,750 from sale proceeds, and ongoing support was set based on imputed income of $70,450 at $593.87/month from Jan 1, 2026 with s.7 expenses to be shared proportionally. On property, exceptional circumstances (c…

  • Parenting arrangement
  • Imputation of income
  • Section 7 expenses
  • Unequal division of matrimonial property
  • Supervised access (veith house)
  • Third party information order
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Family law 2026 BCSC 760

M.A.L. v. V.G.A.

On credibility and best interests grounds the mother's evidence was preferred, the father was found not fully credible and responsible for escalatory conduct including a family violence incident (June 17, 2022); joint guardianship retained but the mother granted final decision-making for education and health; parenting time ordered on a 14-day rotation giving mother 9 nights and father 5 nights (approx 60/40) with specified summer and holiday arrangements; respondent's property and disclosure claims regarding Indian land and bank/mutual funds were dismissed for lack of reliable evidence; resp…

  • Parenting time
  • Guardianship
  • Decision-making authority
  • Section 7 expenses
  • Family violence
  • Conduct orders
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Family law 2026 BCSC 694

H.H.L. v. A.C.S.

On the limited interim record and taking a cautious approach, the court imputed income of $80,000 to the claimant and $20,000 to the respondent because of inadequate disclosure, questionable corporate expense deductions and respondent's current unemployment; a straight set‑off child support calculation produced a net payment of $633/month by the claimant; respondent established a prima facie entitlement to interim compensatory/needs spousal support given loss of her share and income disparity, and interim spousal support was set at the Spousal Support Advisory Guidelines mid range of $836/mon…

  • Guidelines income
  • Section 7 expenses
  • Imputation of income
  • Spousal support entitlement
  • Occupancy rent
  • Interim orders
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Family law 2026 BCSC 638

A.B. v. C.D.

The 2009 marriage agreement is enforceable and not unconscionable in formation or substance; except for two specified reallocations to address fairness (transfer of the Hyundai Palisade and transfer of an investment), property is divided under the marriage agreement; respondent's Guidelines income is calculated using a non-capital eroding approach without a personal tax gross-up producing 2023: $632,373, 2024: $499,746, 2025 (averaged): $484,634; child support and spousal support are ordered prospectively and arrears determined to March 31, 2026; Y. to remain with claimant with no court-order…

  • Marriage agreement enforceability
  • Unconscionability
  • Division of matrimonial property
  • Child support (guidelines)
  • Spousal support (ssag)
  • Section 7 expenses
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Family law 2026 BCSC 703

Wassef v. Melek

The court found on the evidence that $4,000 per month from July 1, 2022 is more than sufficient to meet the child's needs because claimant's asserted expenses were inflated and unsupported; imposing the Table amount would result in a transfer of wealth to claimant rather than additional support for the child. The court also held there should be no retroactive increase for 2021 given the parties' prior consented order and expectations.

  • Federal child support guidelines s.4
  • Deviation from table amount
  • Section 7 expenses
  • Income determination
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Family law 2026 BCSC 471

A.M. v. I.V.

The court concluded that the fairest determination was to include the Claimant Corporation's pre-tax income (with quantified add-backs for personal expenses) in the claimant's income and to average the relevant years under s.17 given fluctuation; it rejected imputation of additional income for 2023-24 due to demonstrated downturn, accepted specified add-backs to corporate income, determined the parties' Guidelines incomes (claimant $67,306 for each year; respondent $54,887 for 2023 and $80,801 for 2024), retroactively varied the Consent Order to reflect adjusted set-offs for child support, an…

  • Section 7 expenses
  • Imputation of income
  • Schedule iii adjustments
  • Section 18 corporate income
  • Shared parenting
  • Retroactive variation
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Family law 2026 NSSC 86

Major v. Shupe

Court may incorporate the Parenting and Support Act on its own motion in the interests of justice; Applicant failed to prove a 40% shared parenting regime so Contino s.9 adjustments are not warranted; CERB and the 2022 RRSP withdrawal are included in income for guideline calculations absent satisfactory justification to exclude; arrears recalculated on actual income and fixed at $108,961.76 to February 28, 2026 and are enforceable with limited repayment terms and mandatory disclosure going forward.

  • Shared parenting
  • Retroactive child support
  • Section 7 expenses
  • Arrears calculation and enforcement
  • Income inclusion (cerb, rrsp, wcb gross-up)
  • Variation of support
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Family law 2026 BCSC 311

V.D.C. v. R.J.F.C.

Court had jurisdiction to adjudicate enforcement/variation of the 2017 Separation Agreement; Father engaged in blameworthy non-disclosure and was capable of higher earnings, so income of $130,000 was imputed for 2018, 2024 and 2025 (with reported incomes used for 2019–2023); retroactive child support was awarded on that basis; retroactive s.7 expenses of $22,781.98 awarded; issue of support after the Child reached majority adjourned for further evidence.

  • Retroactive child support
  • Imputed income
  • Section 7 expenses
  • Child of the marriage (majority)
  • Jurisdiction to vary filed agreements
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Family law 2026 BCSC 222

Zigich v. Zigich

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…

  • 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
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Family law 2026 BCSC 194

Kaur v. Singh

Because the respondents repeatedly failed to disclose relevant financial records and material evidence of transfers from Mr. Singh to the Grandparents, the court drew adverse inferences and found those transfers supported a resulting trust in favour of Mr. Singh displacing indefeasible title; consequently the 68 Avenue Property was family property beneficially owned by Mr. Singh and Ms. Kaur and subject to equal division; income was imputed to Mr. Singh (including conservative rental income) based on disclosed records and adverse inferences; retroactive and lump sum prospective child and spou…

  • Division of family property
  • Resulting trust
  • Unjust enrichment
  • Adverse inference for non-disclosure
  • Credibility findings
  • Imputation of income
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