BC Court Justice Orders 7 Day Imprisonment for Failure to Pay Support

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On Monday, July 14, 2014, the Supreme Court of British Columbia published a recent judgment by the Honourable Mr. Justice Jenkins wherein the payor husband was found in contempt of court for failing to comply with an order to pay child support.

The parties had attended a trial before the same Justice in 2012 and the Court imputed an income of $110,000 to the payor husband, despite the payor husband arguing that his true income was significantly lower. In February 2014, the husband stopped making the ordered child support payments and unilaterally reduced the amounts he provided to the recipient wife, saying that he would be Barbed Wire Fence With Plantsmaking payments calculated according to a lower income that he said he was earning.

On application, Mr. Justice Jenkins rejected the husband’s evidence that the husband had become destitute and was financially incapable of complying with the child support order. The Court commented that the husband’s evidence was disorganized and failed to raise a reasonable doubt as to his ability to comply with the order. The Court concluded that the husband’s disobedience of the court order was willful, and sentenced him to 7 days imprisonment, which sentence was suspended for 30 days to allow the husband some time to pay the child support arrears of over $19,000 in order to purge his contempt.

An interesting point made in this judgment is that the Court specifically rejected the husband’s argument that the wife’s refusal to allow access to the child caused him to incur legal fees (to pursue applications for access), which legal fees made it impossible for him to pay the support. Relying on the comments of another judge in 2012, Mr. Justice Jenkins said, “a parent is not entitled to deprive his or her children to pay litigation expenses” (at paragraph 25). So the take-home message is to make the payment of child support a priority to your legal fees.

You can see the full text of the decision here: T.T. v. C.G., 2014 BCSC 1279.

*Nothing in this post constitutes legal advice and is for general informational purposes only.  To establish a solicitor-client relationship with Virginia K. Richards please contact her at Henderson Heinrichs LLP using the information on the Contact Page.

Recent Case from BC Supreme Court

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Shaw v. Shaw, 2014 BCSC 984

On Wednesday, June 4, 2014, the BC Supreme Court website published the Reasons for Judgment on Shaw v. Shaw, 2014 BCSC 984.  The trial judge, Mr. Justice Jenkins, confirmed that parents cannot make claims for retroactive child support where the child in question has ceased to be a “child of the marriage” (meaning that the child has reached the age of majority and is able to move out or provide for themselves).  If your child is getting close to turning (or has recently turned) 19 years old, and you think you may have a claim to retroactive child support, do not wait any longer to obtain legal advice.  Once your child loses their status of “child of the marriage” you may be barred from making a retroactive claim.  A family lawyer can help you determine whether your adult child meets the test for “child of the marriage” and the strength of your claim to retroactive child support.

*Nothing in this post constitutes legal advice and is for general informational purposes only.  To establish a solicitor-client relationship with Virginia K. Richards please contact her at Henderson Heinrichs LLP using the information on the Contact Page.