Citation: V.D.H. v. N.S. Date: 20141006 2014 BCPC 0244 File No: F10724 Registry: Chilliwack IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE FAMILY LAW ACT , S.B.C. 2011 c. 25 BETWEEN: V.D.H APPLICANT AND: N.S. RESPONDENT ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE MACKAY

Counsel for the Applicant: P. Reimer Counsel for the Respondent: S. Gorner Place of Hearing: Chilliwack , B.C. Date of Hearing: October 3 & October 6, 2014 Date of Judgment: October 6, 2014 [ 1 ] THE COURT: I have considered the evidence both from last day and today in this matter. [ 2 ] I am satisfied that this is a circumstance where the increase should happen. I base that on the mathematics as outlined by Mr. Reimer. [ 3 ] This gentleman clearly, in my view, is underreporting his income.

The fact that he is entering into a conditional sales agreement for a $31,000 vehicle when his income history for the years preceding that agreement would make that purchase far beyond his financial reach is telling. It confirms, in my view, that he is underreporting his income. [ 4 ] What is the proper basis for determination of the support? The evidence demonstrates that this gentleman is capable of earning much more than he is reportedly earning, and indeed there is a history of him earning between $40,000 and $100,000 per year. I am prepared to give him the benefit of the lower figure.

The maintenance going forward from here therefore will be on the basis of $40,000 per year. [ 5 ] We are dealing with one child, I think – remind me. [ 6 ] MR. REIMER : Yes, it is one child. [ 7 ] THE COURT : One child. According to the most recent tables of the Federal Child Support Guidelines , that would entitle the applicant to $364.00 per month maintenance. That is my order. [ 8 ] MR. REIMER: May I just ask commencing when? [ 9 ] THE COURT: That will be commencing the 1st of November going forward. [ 10 ] MR. REIMER: Thank you. [ 11 ] THE COURT: Thank you Mr. Reimer for your assistance. Thank you, Ms.

Gorner. [ 12 ] MR. REIMER : I will draft the order, Your Honour. [ 13 ] THE COURT : Thank you. R.C. MacKay Provincial Court Judge