J.W.M. v. J.L.M.

J.W.M. v. J.L.M.

The appeal is dismissed because the trial judge permissibly found a material change of circumstances under s.17(7) of the Divorce Act, reasonably fixed the applicant's Guideline incomes (2014 at $130,000; commencing January 2015 at $105,000), properly declined to include uncertain premium pay and to increase 2014 income beyond the figure used in the existing order, and reasonably imputed a modest, gradual income trajectory to the respondent given her qualifications, conduct and medical evidence; the exercise of judgment was not unreasonable.

Citation
2016 BCCA 478
Parties
Appellant (respondent): J.L.M.; Respondent (claimant): J.W.M.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
25 November 2016
Procedural Posture
Divorce Act Variation (spousal and Child Support) / Court of Appeal Decision on Appeal From Supreme Court of British Columbia (application to Vary/review Support)
Outcome
Appeal dismissed.
Legal Topics
Variation of Support Orders, Material Change of Circumstances, Income Imputation, Spousal Support Advisory Guidelines, Divorce Act S.17(7)
Source Language
English
Family Law Support Appeal Income Imputation Variation of Support Orders Material Change of Circumstances Spousal Support Advisory Guidelines Divorce Act S.17(7)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

J.L.M.

Appellant (respondent)

J.W.M.

Respondent (claimant)

Procedural Posture

Divorce Act Variation (spousal and Child Support) / Court of Appeal Decision on Appeal From Supreme Court of British Columbia (application to Vary/review Support)

Legal Issues

  1. 1 Whether the respondent's job loss and reduced salary constituted a material change of circumstances under Willick/L.M.P.
  2. 2 Whether the judge properly applied the s.17(7) objectives when varying spousal support
  3. 3 Whether the judge erred in excluding severance and refusing to include uncertain premium pay in income

Ratio Decidendi

The appeal is dismissed because the trial judge permissibly found a material change of circumstances under s.17(7) of the Divorce Act, reasonably fixed the applicant's Guideline incomes (2014 at $130,000; commencing January 2015 at $105,000), properly declined to include uncertain premium pay and to increase 2014 income beyond the figure used in the existing order, and reasonably imputed a modest, gradual income trajectory to the respondent given her qualifications, conduct and medical evidence; the exercise of judgment was not unreasonable.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed and the order of the Supreme Court of British Columbia dated June 15, 2015 is affirmed
  • Spousal support ordered at $1,500 per month as set by the trial judge