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Costs decision in a family-law child support dispute. The court found the claimant was successful, declined double costs, and awarded costs in any event of the cause.
The court held the child became independent at the end of April 2018, terminated ongoing child support effective April 2018, declined to go behind the April 2016 order for the period to March 31, 2017, and adjusted the table amount effective April 1, 2017 based on the applicant's prior year line 150 income resulting in a recalculated past obligation totalling $21,758.
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Court terminated spousal and child support, finding the respondent failed to prove the children remained children of the marriage or that support should continue.
The Court of Appeal held the chambers judge used the wrong test and that both child-support applications raised triable issues, so they had to be sent to the trial list.
The Court held a Provincial Court arrears order was a nullity, confirmed child support end dates for two daughters, and set arrears payment at $150 monthly for 48 months.
A British Columbia family case on a separation agreement: the court set aside the spousal support provisions as significantly unfair, ordered interim support, and ended child support.
The court held Ronnie remained a child of the marriage until November 30, 2017 because he was still pursuing post-secondary studies, and ordered the parties to bear their own costs.
The court ordered an interim parenting schedule, holiday sharing, conduct restrictions, and counselling for the children, but refused to end child support for Z.
Court found a material change existed and that Anna met the Divorce Act definition of a child of the marriage during her undergraduate studies; however the respondent's retroactive claim was largely barred by unreasonable delay and lack of reasonable excuse (claims prior to 2012 disallowed), and despite quantifying a possible retroactive entitlement for 2012-2014 at $9,379.20 the court declined to order retroactive relief because of the delay, absence of demonstrable prejudice to the child, the payor's ongoing significant financial support (post-2015), inadequate disclosure burden allocation,…
Source excerpt
The respondent failed to satisfy the burden of proving Rachel remained a dependent child; evidence showed Rachel completed a hairdressing program in July 2014, was working thereafter and medical evidence did not demonstrate a barrier to employment or study; accordingly child support for Rachel is terminated effective August 1, 2014. For the two younger children in split custody the set-off method applies and results in McSweeney paying $300 per month to Baird effective August 1, 2014, with recalculation and adjustment through the Maintenance Enforcement Program.
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