Knezevich v. Curtis

Knezevich v. Curtis

The claimant was not entitled to compensatory spousal support because the relationship was short (3.5 years), the claimant's career prospects were not curtailed and she achieved improved, stable employment; however she was entitled to non‑compensatory transitional spousal support. Applying the SSAG and accounting for high s.7 expenses and the claimant's employment, spousal support was fixed at $600/month payable retroactive to October 2011, for a six‑year durational period (commencing July 1, 2010 and ending June 2016). Retroactive child support based on the father's increased earnings was awarded in the total amount of $3,420 with specified monthly guideline rates for the periods...

Citation
2013 BCSC 432
Parties
Claimant / Mother: Brandi Shannae Knezevich; Respondent / Father: Zachary Nathan Curtis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 March 2013
Procedural Posture
Family Law – Spousal and Child Support (family Relations Act) / Trial Judgment Reserved on Retroactive Child Support and Spousal Support; Oral Reasons Given on Child Support, S.7 Expenses and Access
Outcome
Compensatory spousal support claim dismissed; non-compensatory (transitional) spousal support awarded; retroactive child support awarded; interim orders to be finalized subject to disclosure and party confirmation
Legal Topics
Compensatory Spousal Support, Non Compensatory (transitional) Spousal Support, Retroactive Child Support, Section 7 Expenses, Spousal Support Advisory Guidelines, Imputation of Income, Finalization of Interim Orders
Source Language
English
Family Law Spousal Support Child Support Custody and Access Income Imputation Interim Orders Compensatory Spousal Support Non Compensatory (transitional) Spousal Support +5 more

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Parties

Brandi Shannae Knezevich

Claimant / Mother

Zachary Nathan Curtis

Respondent / Father

Procedural Posture

Family Law – Spousal and Child Support (family Relations Act) / Trial Judgment Reserved on Retroactive Child Support and Spousal Support; Oral Reasons Given on Child Support, S.7 Expenses and Access

Legal Issues

  1. 1 Whether claimant is entitled to spousal support on compensatory or non-compensatory grounds
  2. 2 Quantum and duration of any spousal support award
  3. 3 Whether and to what extent to impute income to the father

Ratio Decidendi

The claimant was not entitled to compensatory spousal support because the relationship was short (3.5 years), the claimant's career prospects were not curtailed and she achieved improved, stable employment; however she was entitled to non‑compensatory transitional spousal support. Applying the SSAG and accounting for high s.7 expenses and the claimant's employment, spousal support was fixed at $600/month payable retroactive to October 2011, for a six‑year durational period (commencing July 1, 2010 and ending June 2016). Retroactive child support based on the father's increased earnings was awarded in the total amount of $3,420 with specified monthly guideline rates for the periods...

Court Disposition

Compensatory spousal support claim dismissed; non-compensatory (transitional) spousal support awarded; retroactive child support awarded; interim orders to be finalized subject to disclosure and party confirmation

Orders

  • Spousal support fixed at $600 per month payable retroactive to October 2011 and continuing until June 2016 (duration of six years to be treated as commencing July 1, 2010)
  • Retroactive child support owing in the total amount of $3,420; parties to agree a payment schedule (not required to be lump sum)