Is the custodial parent entitled to a reduction in the amount of his children’s maintenance under the Child Support Guidelines?
British Columbia, Canada
The following excerpt is from McDonell v. McDonell, 1988 CanLII 3391 (BC SC):
In Paras v. Paras, supra, Kelly J.A. when discussing the indirect benefit thereby conferred upon the custodial parent noted that [p. 332]: This, however, may be the only manner in which the primary obligation of each parent to the children can be recognized and would be in keeping with the scheme of the Act to insure that on the break-up of the family the wishes and interest to be recognized are not solely those of the spouses. Nor should the possibility of such an indirect benefit be a reason for limiting the scale of the children’s maintenance.
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