S.O.G. v. A.L.G.

S.O.G. v. A.L.G.

On the interim record the respondent established entitlement to retroactive child support to August 31, 2024 and prospective child support based on the respondent's current Canadian-equivalent income of $190,400; spousal support was appropriate on both compensatory and needs-based grounds and should be ordered retroactively to January 2022 and ongoing at the high end of the SSAG ranges given the evidence; only the s.7 amount that the claimant conceded as owing on the evidence was ordered; rental income of the recipient is reserved for final determination; the sale application was properly adjourned and the adjournment occasioned costs thrown away to the respondent; payment mechanism and...

Citation
2024 BCSC 1757
Parties
Claimant: S.O.G.; Respondent: A.L.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 September 2024
Procedural Posture
Family Law — Interim Applications for Child Support, Spousal Support and Related Relief / Interim Applications Heard in Chambers (applications for Retroactive and Prospective Child and Spousal Support; Application for Sale of Former Family Home Adjourned)
Outcome
Main interim application granted in part for respondent (A.L.G.); claimant's (S.O.G.) application for sale of former family home adjourned; costs awarded to respondent for thrown-away application and respondent awarded costs of the main application.
Legal Topics
Retroactive Child Support, Prospective Child Support, Interim Spousal Support, Spousal Support Advisory Guidelines (ssag), Section 7 Extraordinary Expenses, Payment Method and Currency Conversion, Disclosure of Immigration/work Permit Status, Costs for Adjourned Application
Source Language
English
Family Law Child Support Spousal Support Property Division Interim Relief Retroactive Child Support Prospective Child Support Interim Spousal Support +5 more

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Parties

S.O.G.

Claimant

A.L.G.

Respondent

Procedural Posture

Family Law — Interim Applications for Child Support, Spousal Support and Related Relief / Interim Applications Heard in Chambers (applications for Retroactive and Prospective Child and Spousal Support; Application for Sale of Former Family Home Adjourned)

Legal Issues

  1. 1 Whether retroactive child support should be ordered and for what period
  2. 2 What amount of prospective child support should be ordered based on respondent's current income
  3. 3 Whether retroactive and ongoing interim spousal support should be ordered, and appropriate quantum/duration under SSAG ranges

Ratio Decidendi

On the interim record the respondent established entitlement to retroactive child support to August 31, 2024 and prospective child support based on the respondent's current Canadian-equivalent income of $190,400; spousal support was appropriate on both compensatory and needs-based grounds and should be ordered retroactively to January 2022 and ongoing at the high end of the SSAG ranges given the evidence; only the s.7 amount that the claimant conceded as owing on the evidence was ordered; rental income of the recipient is reserved for final determination; the sale application was properly adjourned and the adjournment occasioned costs thrown away to the respondent; payment mechanism and...

Court Disposition

Main interim application granted in part for respondent (A.L.G.); claimant's (S.O.G.) application for sale of former family home adjourned; costs awarded to respondent for thrown-away application and respondent awarded costs of the main application.

Orders

  • Claimant (S.O.G.) to pay retroactive child support in the total amount of $14,078 to August 31, 2024 as set out in para. 73 of respondent's third affidavit
  • Claimant to pay prospective child support of $1,671 Canadian per month effective September 1, 2024 based on Guidelines income of $190,400 CAD