Maultsaid v. Blair 2009 BCCA 102 (CanLII)
The Case Background
Mr. Blair and Ms. Maulstaid, who divorced in November 2002, have joint guardianship and custody of their two children. Initially, the children's primary residence was with Ms. Maulstaid, and Mr. Blair was required to pay child support. However, in September 2006, the children's primary residence changed from Ms. Maulstaid to Mr. Blair, but there was no order changing the child support obligations.
Mr. Blair, feeling that this was an unfair arrangement, took action by completing an application for child support that would be effective from September 2006. In addition to this, he also sought to cancel the arrears of approximately $14,000 that had accrued from his child support obligations. He requested to rescind his obligation to pay child support from July 1, 2006, and sought an order requiring Ms. Maulstaid to pay support retroactive to September 1, 2006.
Defining: Parenting Time
A significant factor that was intensely scrutinized in this case was the calculation of 'parenting time'. Parenting time refers to the amount of time each parent is able to spend with the children.
The court considered the calculation of access time and concluded that Ms. Maulstaid did not have access to the children for at least 40 percent of the time. Mr. Blair contended that the judge erred in concluding Ms. Maulstaid’s access to the children was 40 percent or more, arguing that on any calculation this is not so.
The Issue of Child Support
Mr. Blair sought child support for the period from September 1, 2006, onwards but his application was dismissed.
The court had to apply section 9 of the Federal Child Support Guidelines, which provides that where a spouse has physical custody of a child for not less than 40 percent of the time over the course of a year, the amount of child support must be determined considering the income of both parents, the increased costs of shared custody arrangements, and the conditions and needs of each spouse and the child.
Child Support Obligations
A central issue brought to light in this case was the question of child support obligations. Initially, the children's primary residence was with Ms. Maulstaid, and Mr. Blair was providing child support. However, when the primary residence of the children changed to Mr. Blair, the child support obligations remained unaltered, leading to a legal dispute.
After a thorough examination of the case, the court decided to set aside the initial order for ongoing child support. Instead, Ms. Maulstaid was directed to pay child support to Mr. Blair, with the amount determined based on her income, as per the Guidelines. This decision highlights the complex nature of child support laws and the necessity for them to adapt to changing circumstances.
Conclusion
The Maultsaid v. Blair case provides invaluable insights into the intricate world of child custody and child support laws. It throws light on the pivotal role of 'Parenting Time' and its impact on child support obligations. It also brings to the fore the nuanced role that joint guardianship plays in such legal proceedings.
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