What is the test for calculating child support arrears in a situation where one of the parties' three children went to live with their father for two periods of time?

British Columbia, Canada


The following excerpt is from Robertson v Robertson, 2021 BCSC 168 (CanLII):

Lllewellyn v. Lllewellyn, 2002 BCCA 182, involved a calculation of support arrears in a situation where one of the parties’ three children went to live with his father (the payor parent) for two time periods, one lasting about a year and another lasting about six months. The father sought an abatement of arrears to reflect child support the mother should have paid had she worked full-time. The mother’s employment appears to have been minimal. The court described the situation as follows:

Other Questions


How is child support calculated when the parties have equal time with each child? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
What is the case law in favour of reducing the amount of time a minority-time parent has to spend with her child under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
When a child does not continuously pursue post-secondary education but lives at home and works part-time, can a payor parent be relieved from a portion of the child support payment for that period? (British Columbia, Canada)
In what circumstances will the father of a child not pay child support for the first time? (British Columbia, Canada)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
Does a period of self-sufficiency preclude a finding that a child was a child of the marriage at the time of an application for support? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.