I.R. v. M.R.

I.R. v. M.R.

Husband failed to prove a material change in circumstances: projected post-retirement pre-tax income (commissions plus investment income) remained at or above the level on which the original $4,400/month order was based; income attribution to current wife and exclusion of capital income were rejected; therefore no...

Source-derived case information.

Citation
2012 BCSC 1881
Parties
Applicant/respondent: I.R.; Respondent/claimant: M.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 December 2012
Procedural Posture
Divorce Application to Vary Spousal Support / Application Hearing and Reasons for Judgment (variation Under S.17(1)(a) Divorce Act)
Outcome
Application dismissed; existing spousal support order of $4,400 per month maintained; wife's retroactive lump sum claim dismissed.
Legal Topics
Variation of Spousal Support, Material Change in Circumstances, Retroactive Spousal Support, Attribution of Income, Fraudulent Conveyance Allegation, Costs
Source Language
english
Family Law Divorce Spousal Support Civil Procedure Variation of Spousal Support Material Change in Circumstances Retroactive Spousal Support Attribution of Income +2 more

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Parties

I.R.

Applicant/respondent

M.R.

Respondent/claimant

Procedural Posture

Divorce Application to Vary Spousal Support / Application Hearing and Reasons for Judgment (variation Under S.17(1)(a) Divorce Act)

Legal Issues

  1. 1 Whether the husband's transition to semi-retirement constitutes a material change in circumstances justifying variation of spousal support
  2. 2 Whether a post-separation agreement created an irrevocable/permanent spousal support obligation binding the husband's estate
  3. 3 Whether corporate restructuring in 1998 constituted a fraudulent conveyance to defeat support

Ratio Decidendi

Husband failed to prove a material change in circumstances: projected post-retirement pre-tax income (commissions plus investment income) remained at or above the level on which the original $4,400/month order was based; income attribution to current wife and exclusion of capital income were rejected; therefore no variation warranted and retroactive lump sum award denied as causation and fairness were not established.

Court Disposition

Application dismissed; existing spousal support order of $4,400 per month maintained; wife's retroactive lump sum claim dismissed.

Orders

  • Application to vary spousal support dismissed; monthly spousal support remains $4,400
  • Wife's claim for lump sum retroactive spousal support for 2009-2011 dismissed