Kerrigan v. Hoad

Kerrigan v. Hoad

The court accepted the claimant's evidence and corroboration to find separation occurred May 21, 2018; imputed respondent incomes for 2018-2021 based on available evidence and respondent's failure to disclose; applied the Federal Child Support Guidelines to calculate past and future child support (netting obligations and allocating special expenses proportionally); found no compensatory spousal support but awarded limited non-compensatory retroactive spousal support (April 2019–Dec 2020) to facilitate respondent's economic re-entry; ordered equal guardianship and week-on/week-off parenting with appointment of a parenting coordinator; found respondent fraudulently impersonated claimant to...

Citation
2021 BCSC 1698
Parties
Claimant: Jill Marie Kerrigan; Respondent: Bryan Geoffery Hoad
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 August 2021
Procedural Posture
Family Law Divorce and Related Relief / Trial Reasons for Judgment
Outcome
Divorce granted; separation found to be May 21, 2018; child support and special expenses allocated per Guidelines with incomes imputed; retroactive spousal support awarded April 2019–Dec 2020 only; equal guardianship with week-on/week-off parenting order; equal division of family home proceeds after accounting for...
Legal Topics
Separation Date Determination, Income Imputation, Guideline Child Support, Special Expenses, Spousal Support Entitlement and Quantum, Parenting and Guardianship Orders, Pension Division, Fraudulent Impersonation of Email/trust Funds, Penalty for Disclosure Non Compliance
Source Language
English
Family Law Divorce Child Support Spousal Support Property Division Contempt/disclosure Separation Date Determination Income Imputation +7 more

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Parties

Jill Marie Kerrigan

Claimant

Bryan Geoffery Hoad

Respondent

Procedural Posture

Family Law Divorce and Related Relief / Trial Reasons for Judgment

Legal Issues

  1. 1 When did the parties separate?
  2. 2 What are the guideline incomes for support calculations?
  3. 3 What are past and future child support obligations?

Ratio Decidendi

The court accepted the claimant's evidence and corroboration to find separation occurred May 21, 2018; imputed respondent incomes for 2018-2021 based on available evidence and respondent's failure to disclose; applied the Federal Child Support Guidelines to calculate past and future child support (netting obligations and allocating special expenses proportionally); found no compensatory spousal support but awarded limited non-compensatory retroactive spousal support (April 2019–Dec 2020) to facilitate respondent's economic re-entry; ordered equal guardianship and week-on/week-off parenting with appointment of a parenting coordinator; found respondent fraudulently impersonated claimant to...

Court Disposition

Divorce granted; separation found to be May 21, 2018; child support and special expenses allocated per Guidelines with incomes imputed; retroactive spousal support awarded April 2019–Dec 2020 only; equal guardianship with week-on/week-off parenting order; equal division of family home proceeds after accounting for...

Orders

  • Divorce granted to take effect 31 days after judgment date (Aug 27, 2021).
  • Separation found to be May 21, 2018.