Jendruck v. Jendruck

Jendruck v. Jendruck

The Court allowed the appeal in part and held income should be imputed to the wife at $1,000 per month effective July 1, 2013 because evidence supported her capacity to earn (operating daycare or minimum wage employment) and the trial judge erred in excusing failure to seek income; spousal support must be recalculated using the Spousal Support Advisory Guidelines factoring in the imputed income and rounded to the nearest $25, with provision for review by either party six months after the appellate order regarding both parties' incomes and efforts to increase the wife's earnings.

Citation
2014 BCCA 320
Parties
Respondent (claimant): Debra Louise Jendruck; Appellant (respondent): Phillip John Jendruck
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
13 August 2014
Procedural Posture
Divorce Spousal Support / Appeal From Supreme Court of British Columbia (court of Appeal Judgment)
Outcome
Appeal allowed in part; spousal support order varied
Legal Topics
Imputing Income, Spousal Support Advisory Guidelines, Review Orders, Economic Self Sufficiency, Variation/review of Support
Source Language
English
Family Law Divorce Spousal Support Property Division Imputing Income Spousal Support Advisory Guidelines Review Orders Economic Self Sufficiency +1 more

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Parties

Debra Louise Jendruck

Respondent (claimant)

Phillip John Jendruck

Appellant (respondent)

Procedural Posture

Divorce Spousal Support / Appeal From Supreme Court of British Columbia (court of Appeal Judgment)

Legal Issues

  1. 1 Whether the trial judge erred in refusing to impute income to the wife
  2. 2 Whether the trial judge erred in the income level used for the husband for support purposes
  3. 3 Whether the trial judge erred in setting the review term/date for spousal support

Ratio Decidendi

The Court allowed the appeal in part and held income should be imputed to the wife at $1,000 per month effective July 1, 2013 because evidence supported her capacity to earn (operating daycare or minimum wage employment) and the trial judge erred in excusing failure to seek income; spousal support must be recalculated using the Spousal Support Advisory Guidelines factoring in the imputed income and rounded to the nearest $25, with provision for review by either party six months after the appellate order regarding both parties' incomes and efforts to increase the wife's earnings.

Court Disposition

Appeal allowed in part; spousal support order varied

Orders

  • Impute income to the respondent (wife) at $1,000 per month effective July 1, 2013 and treat as income for spousal support calculation
  • Recalculate the spousal support amount using the same method previously used (Spousal Support Advisory Guidelines upper range) factoring in the imputed wife income and round the result to the nearest $25