Guttmann v. Guttmann

Guttmann v. Guttmann

On the evidence before the chambers judge the court could reasonably fix the respondent's 2012 income at $70,000 (2011 actual income and 2012 paystub including bonuses justified the figure) and the judge did not err in exercising discretion to set spousal support at the mid-range of the SSAG; absence of an explicit...

Source-derived case information.

Citation
2013 BCCA 78
Parties
Respondent (claimant): Angela Christine Virginia Guttmann also known as Angela Christine Virginia Sahlmann; Appellant (respondent): Gordon Joseph Guttmann
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
15 February 2013
Procedural Posture
Divorce Appeal (spousal Support) / Appeal to Court of Appeal From Chambers Judge Order on Spousal Support (order Dated April 27, 2012)
Outcome
Appeal dismissed
Legal Topics
Spousal Support Advisory Guidelines, Income Determination for Support, Judicial Discretion, Variation and Termination of Support
Source Language
english
Family Law Spousal Support Appeal Spousal Support Advisory Guidelines Income Determination for Support Judicial Discretion Variation and Termination of Support

Source-derived case record

Summary, issues, holding and outcome

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Parties

Angela Christine Virginia Guttmann also known as Angela Christine Virginia Sahlmann

Respondent (claimant)

Gordon Joseph Guttmann

Appellant (respondent)

Procedural Posture

Divorce Appeal (spousal Support) / Appeal to Court of Appeal From Chambers Judge Order on Spousal Support (order Dated April 27, 2012)

Legal Issues

  1. 1 Whether the chambers judge erred in failing to consider entitlement to spousal support
  2. 2 Whether the chambers judge erred in fixing the respondent's income at $70,000 for 2012 support calculations
  3. 3 Whether the order should have specified an end date for spousal support

Ratio Decidendi

On the evidence before the chambers judge the court could reasonably fix the respondent's 2012 income at $70,000 (2011 actual income and 2012 paystub including bonuses justified the figure) and the judge did not err in exercising discretion to set spousal support at the mid-range of the SSAG; absence of an explicit termination date was not an error as variation remains available, therefore the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Order of April 27, 2012 requiring respondent to pay spousal support calculated using the mid-range of the Spousal Support Advisory Guidelines with respondent income set at $70,000 and claimant income set at $31,700 is affirmed.