A B.C. Provincial Court judge has eliminated the amount of child support a man once paid his ex-wife, set her spousal support and told both to pay for orthodontic work for their 23-year-old child who has cerebral palsy.
It was the child, one of five, who brought the suit heard in Western Communities on Vancouver Island.
A.B. is the daughter of mother C.D. and father E.F. and suffered a brain haemorrhage in her mother’s womb, and now has cerebral palsy and related disorders.
Justice Ted Gouge said in his Dec. 6 decision that A.B. has an IQ of 70 and lacks the use of the fingers on her left hand. She has graduated high school and completed some post-secondary courses at a community college.
The parents separated in February 2012, and A.B. has lived with her mother since separation. The other children live with their father.
Gouge said A.B. now has the opportunity to move to a home-share facility for people with disabilities funded by the province.
The judge said A.B. became eligible for persons with disability (PWD) benefits of $1,450 per month on March 19, 2020, her 19th birthday.
The daughter contributes $900 per month to her mother's household expenses and said that her benefits are sufficient for her needs, whether she remains in her mother’s home or moves to a home-share facility
While the daughter was not seeking an order for ongoing child support, she requires orthodontic care. All sides agreed the father will pay 67 percent of her orthodontic expenses and that the mother would cover the remaining third of the cost.
The father alleged that he overpaid child support since his daughter's 19th birthday, and seeks a refund of the overpayment from his former wife to whom the support payments were made.
The mother, who has multiple medical conditions, opposed that claim and sought a retroactive increase in spousal support from the father, as well as continuing child support for their child.
Now 60, at the time the couple separated, he made $52,000 per year with an annual child support obligation of $5,856. In 2022, he made $145,000 with an obligation of $15,804.
“In total, over the span of 14 years, he overpaid by a significant amount,” Gouge said.
Still, A.B. asked that the agreement of the parties to pay her orthodontic expenses be enforced but sought no other child support.
And, while E.F. said his wife should work, Gouge found she is unemployable.
The judge dismissed E.F.’s claim for past overpayments of child support, and also dismissed C.D. ’s for retroactive child support. Gouge said he dismissed the latter as that right of claim rests with the child.
Gouge concluded:
• A.B. can apply for child support if she wishes;
• E.F.’s child support obligation is terminated, effective Nov. 30;.
• A.B. was no longer a party to the proceeding;
• E.F.’s application in relation to the alleged overpayment of child support was dismissed;
• E.F.’s spousal support obligation was assessed at $3,000 per month, effective Nov. 30;
• C.D. ’s application for retroactive child and spousal support was dismissed; and,
• E.F. is responsible to pay 63 percent of M.C.’s orthodontic expenses, and C.D. is responsible to pay 37 percent.
Glacier Media has replaced the initials from the original ruling.
