C.E.A. v. B.E.A.

C.E.A. v. B.E.A.

Exclusive occupancy of the matrimonial home was granted to the claimant until further agreement or court order to provide stability for the dependent adult; for interim spousal support the court used respondent's known 2013 income because of the Firm's 70% draws and year-end adjustments making 2014 income uncertain, applied the SSAG as a guide despite income >$350,000, adjusted claimant's claimed expenses (excluding capital items and certain items covered by benefits) and ordered interim spousal support of $17,000 per month commencing August 1, 2014; retroactive interim support was reserved for trial and the $50,343 trust payment was credited only against any retroactive support.

Citation
2014 BCSC 1500
Parties
Claimant: C.E.A.; Respondent: B.E.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 August 2014
Procedural Posture
Family Law Interim Application (exclusive Occupancy and Spousal Support) / Interim Hearing Before Master (application for Exclusive Occupancy and Interim Spousal Support)
Outcome
Exclusive occupancy granted to claimant until further agreement or court order; interim spousal support of $17,000 per month ordered commencing August 1, 2014; retroactive interim support not awarded now and reserved for trial; $50,343 paid from family trust credited against any retroactive support; costs left open...
Legal Topics
Exclusive Occupancy, Interim Spousal Support, Spousal Support Advisory Guidelines, Retroactive Support, S.7 Expense Deductions, Allocation of Partnership Income
Source Language
English
Family Law Spousal Support Property Division Dependents/care of Adult Child Exclusive Occupancy Interim Spousal Support Spousal Support Advisory Guidelines Retroactive Support +2 more

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Parties

C.E.A.

Claimant

B.E.A.

Respondent

Procedural Posture

Family Law Interim Application (exclusive Occupancy and Spousal Support) / Interim Hearing Before Master (application for Exclusive Occupancy and Interim Spousal Support)

Legal Issues

  1. 1 Duration of exclusive occupancy of matrimonial home
  2. 2 Quantum of interim spousal support
  3. 3 Which year(s) of respondent income to use for interim support

Ratio Decidendi

Exclusive occupancy of the matrimonial home was granted to the claimant until further agreement or court order to provide stability for the dependent adult; for interim spousal support the court used respondent's known 2013 income because of the Firm's 70% draws and year-end adjustments making 2014 income uncertain, applied the SSAG as a guide despite income >$350,000, adjusted claimant's claimed expenses (excluding capital items and certain items covered by benefits) and ordered interim spousal support of $17,000 per month commencing August 1, 2014; retroactive interim support was reserved for trial and the $50,343 trust payment was credited only against any retroactive support.

Court Disposition

Exclusive occupancy granted to claimant until further agreement or court order; interim spousal support of $17,000 per month ordered commencing August 1, 2014; retroactive interim support not awarded now and reserved for trial; $50,343 paid from family trust credited against any retroactive support; costs left open...

Orders

  • Claimant granted exclusive occupancy of the family residence until further agreement or court order.
  • Interim spousal support payable by respondent to claimant in the sum of $17,000 monthly, due August 1, 2014 and on the first day of each month thereafter until further order or agreement.