Retroactive child support case highlights imputed income, property division, and financial disclosure failures
A B.C. father was ordered to pay more than $165,000 in retroactive child support as part of a $378,000 award after a judge found he had misled the court about his income and failed to disclose financial records.
The ruling followed a 19-day trial that brought to a close eight years of high-conflict family litigation. Clark Woods LLP acted for the mother in the proceedings and successfully advanced the claims for retroactive support, imputed income, and division of family property.
The Supreme Court of British Columbia found ongoing disclosure failures, evasive testimony, and income understatement that affected both property division and support determinations.
“[The father] knowingly avoided and diminished his support obligations by failing to disclose financial information and deliberately misleading Ms. [K] as to his income,” the judge said. “In other words, he knowingly avoided and diminished his support obligations.”
Imputed Income and Family Property Division
The dispute centred on the division of the former family home in Surrey and the calculation of support for the couple’s young child.
Although title to the property included the paternal grandparents, the court found that the father had transferred substantial funds toward its purchase and maintenance and was in fact the beneficial owner. The property was declared family property and ordered sold.
Credibility and disclosure issues played a central role throughout the decision.
“I did not find Mr. [S] to be a credible witness,” the judge wrote. “He had at best a selective memory, and was frequently unable to remember facts he clearly understood were unfavourable to his case.”
The court drew adverse inferences due to incomplete financial records and imputed income to the father, including rental income from the property. The judge also found the father had known of his support obligations for years but failed to meet them adequately.
Financial Breakdown in Retroactive Child Support Case
From the father’s share of the sale proceeds, the court ordered payment of:
- $165,067.80 in retroactive child support
- $116,559 in prospective child support
- $39,284.24 in section 7 expenses
- $21,516 in retroactive spousal support
- $8,485 in prospective spousal support
- $27,425.08 for division of other family property
In total, $378,337.12 was ordered payable to the mother from the father’s share of the sale proceeds.
Get In Touch Today
High-conflict family law matters often turn on credibility, financial disclosure, and strategic litigation. If you have questions about retroactive child support in BC, imputed income, property division, or enforcing disclosure obligations, the Family Law team at Clark Woods LLP is here to help. Contact us today!
