Garewal v. Garewal

Garewal v. Garewal

Remarriage alone did not establish the material, significant and continuing change required to vary or terminate spousal support; claimant continues the retraining and caregiving circumstances relied on in the original order and there is no evidence remarriage improved her financial position, so the original spousal...

Source-derived case information.

Citation
2012 BCSC 707
Parties
Claimant: Gurveen Kaur Garewal a.k.a. Gurveen Garewal; Respondent / Applicant: Surinder Singh Garewal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 May 2012
Procedural Posture
Spousal Support Variation Under the Divorce Act / Notice of Application to Rescind or Reduce Spousal Support; Hearing and Judgment
Outcome
Application dismissed; spousal support order not varied
Legal Topics
Variation of Spousal Support, Effect of Remarriage on Support, Material Change in Circumstances, Imputation of Income, Compensatory Asset Division
Source Language
english
Family Law Spousal Support Divorce Property Division Variation of Spousal Support Effect of Remarriage on Support Material Change in Circumstances Imputation of Income +1 more

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Parties

Gurveen Kaur Garewal a.k.a. Gurveen Garewal

Claimant

Surinder Singh Garewal

Respondent / Applicant

Procedural Posture

Spousal Support Variation Under the Divorce Act / Notice of Application to Rescind or Reduce Spousal Support; Hearing and Judgment

Legal Issues

  1. 1 Whether claimant's remarriage constituted a material change in circumstances warranting termination or reduction of spousal support
  2. 2 Whether the respondent established grounds to impute income to the claimant
  3. 3 Whether the claimant's continuing retraining and caregiving obligations justify continuation of support

Ratio Decidendi

Remarriage alone did not establish the material, significant and continuing change required to vary or terminate spousal support; claimant continues the retraining and caregiving circumstances relied on in the original order and there is no evidence remarriage improved her financial position, so the original spousal support order remains in effect.

Court Disposition

Application dismissed; spousal support order not varied

Orders

  • Application to rescind or terminate spousal support dismissed
  • Spousal support remains $2,435.00 per month commencing January 1, 2010 and continuing on the first day of each month unless varied by court