Case summary: Morandini v Morandini
Case summary of Morandini v Morandini, 2023 BCSC 788
The case involves child support payments and the accumulation of arrears by the father, Mr. Morandini.
The judgment discusses the history of child support payments by Mr. Morandini and the accumulation of arrears. It also addresses the issue of whether the parties' third child, Mitchell, is still a child of the marriage and capable of contributing to his own support. The court orders that Mitchell is still a child of the marriage and that Mr. Morandini's child support obligations be retroactively varied to conform with the income he actually earned since separation. The court also orders that any arrears of support that might remain after any retroactive variation be rescinded.
The judgment discusses the eight factors from Farden that should be considered on child support applications and what is lacking in the present case. The court orders that Ms. Morandini and Mitchell provide their evidence on the issue of whether Mitchell is still a child of the marriage to Mr. Morandini within 30 days of the date of the judgment.
The court also discusses the factors that should be considered when changing, suspending, or terminating an order respecting child support. These factors include a change in circumstances, evidence of a substantial nature that was not available during the previous hearing, and evidence of a lack of financial disclosure by a party. The court also discusses the two types of applications for a retroactive variation of a child support order, based upon a material change in circumstances, most often a material change in income.
The judgment discusses the best interests of the child and the importance of predictability and stability of household finances. The court emphasizes that payors must promptly communicate any changes in income to the recipient and move to have the terms of the order or agreement changed to restore certainty to child support arrangements between the parties.
Finally, the court orders that the arrears be reduced by a further $20,000 and that the collection of the remaining arrears be suspended for a period of 18 months from the date of the order. This will give Mr. Morandini time to find employment and consider a plan for addressing the arrears.
Overall, the case discusses important issues related to child support payments and the accumulation of arrears, as well as the factors that should be considered when changing, suspending, or terminating an order respecting child support.
Full text available at: https://canlii.ca/t/jx564