Retroactive child-support variation and arrears
Decision: 2024 BCSC 2603 Court: Supreme Court of British Columbia Date: June 14, 2024 Read the full decision on CanLII ↗
Counsel’s Comments
“Our client was a single mother who successfully petitioned the court to relocate with the children to Lake Country, BC. The resulting court order required the children’s father to pay monthly child support to our client in accordance with his income. After the order was pronounced the children’s father refused to pay child support, and in fact quit his job, alleging he was suffering from mental health issues related to alcoholism. The children’s father brought on an application to cancel or vary his court-ordered child support obligation and to cancel or vary his child support arrears. His supporting medical evidence was held to be weak and inadmissible, and the court found that his lack of employment was not real and was due to his own choice. His application was dismissed and he was ordered to pay our client her court costs.”
— Matthew Brandon
Legal issue
Whether the respondent established grounds to vary child support and cancel arrears after the final support order.
Key provisions: Family Law Act, including ss. 152 and 174.
Judicial outcome
The application was dismissed. The court ordered $2,000 in costs, plus disbursements, payable to our client.