A.S. v. G.J.S.

A.S. v. G.J.S.

The master attributed corporate-paid personal expenses and relevant corporate profit factors to the husband, fixing his income at $85,000 and the wife's at $55,000 for guideline purposes; on that basis interim child support of $1,401 per month was ordered retroactive to September 1, 2001, extraordinary orthodontic expenses were apportioned pro rata, immediate interim distribution and mutual restraints were granted to preserve family assets, disclosure and contemporaneous profit and loss statements were ordered, and costs were awarded to the wife.

Citation
2002 BCSC 1832
Parties
Plaintiff (wife): A.S.; Defendant (husband): G.J.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 March 2002
Procedural Posture
Family Law Interim Relief (support and Property) / Interim Application / Notice of Motion
Outcome
Application granted in part and adjourned in part: interim child support awarded and made retroactive; extraordinary expenses apportioned; spousal support application adjourned generally; interim distribution and mutual restraining order granted; disclosure and accounting ordered; continuation of insurance by...
Legal Topics
Child Support Guidelines, Attribution of Income, Extraordinary Expenses, Interim Distribution of Sale Proceeds, Mutual Restraint on Disposition, Document Disclosure, Costs
Source Language
English
Family Law Child Support Spousal Support Property Division Interim Relief Disclosure Restraining Orders Child Support Guidelines +6 more

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Parties

A.S.

Plaintiff (wife)

G.J.S.

Defendant (husband)

Procedural Posture

Family Law Interim Relief (support and Property) / Interim Application / Notice of Motion

Legal Issues

  1. 1 Whether additional corporate-paid expenses and corporate profits should be attributed to husband for child support purposes
  2. 2 Assessment of interim child support amount and retroactivity
  3. 3 Allocation of extraordinary dental/orthodontic expenses

Ratio Decidendi

The master attributed corporate-paid personal expenses and relevant corporate profit factors to the husband, fixing his income at $85,000 and the wife's at $55,000 for guideline purposes; on that basis interim child support of $1,401 per month was ordered retroactive to September 1, 2001, extraordinary orthodontic expenses were apportioned pro rata, immediate interim distribution and mutual restraints were granted to preserve family assets, disclosure and contemporaneous profit and loss statements were ordered, and costs were awarded to the wife.

Court Disposition

Application granted in part and adjourned in part: interim child support awarded and made retroactive; extraordinary expenses apportioned; spousal support application adjourned generally; interim distribution and mutual restraining order granted; disclosure and accounting ordered; continuation of insurance by...

Orders

  • Husband's annual income for guideline purposes fixed at $85,000 and wife's at $55,000
  • Husband to pay child support of $1,401 per month commencing September 1, 2001