C.A.B. v. M.S.C.S.

C.A.B. v. M.S.C.S.

Court held that severance payments were non-recurring but represent parental means that may be spread forward (forward averaging) for fairness; s.17(1) does not preclude spreading severance over subsequent years and s.19 permits imputation of income. The court imputed a Guideline income of $735,968 (average by combining 2004, 2005 and part of 2006 and spreading over a four year period) and applied the table amounts, finding no basis under s.4 to depart from the table. Accordingly child support was set at $7,518/month for the period to May 1, 2006 and $9,276/month thereafter (as of May 1, 2006).

Citation
2006 BCSC 1393
Parties
Plaintiff: C.A.B.; Defendant: M.S.C.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 September 2006
Procedural Posture
Family Law Child Support / Reasons for Judgment (in Chambers)
Outcome
Court imputed Guideline income and increased child support retroactively and prospectively; declined to depart from the table amount under s.4
Legal Topics
Federal Child Support Guidelines, Income Determination, Averaging and Forward Averaging, Severance Treatment, Imputation of Income, Departure From Table Amounts (s.4)
Source Language
English
Family Law Child Support Divorce Income Assessment Federal Child Support Guidelines Income Determination Averaging and Forward Averaging Severance Treatment +2 more

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Parties

C.A.B.

Plaintiff

M.S.C.S.

Defendant

Procedural Posture

Family Law Child Support / Reasons for Judgment (in Chambers)

Legal Issues

  1. 1 What is the paying spouse's Guideline income for child support?
  2. 2 Whether s.17(1) averaging of prior years is appropriate
  3. 3 Whether severance payments should be treated as capital or spread over time (forward averaging)

Ratio Decidendi

Court held that severance payments were non-recurring but represent parental means that may be spread forward (forward averaging) for fairness; s.17(1) does not preclude spreading severance over subsequent years and s.19 permits imputation of income. The court imputed a Guideline income of $735,968 (average by combining 2004, 2005 and part of 2006 and spreading over a four year period) and applied the table amounts, finding no basis under s.4 to depart from the table. Accordingly child support was set at $7,518/month for the period to May 1, 2006 and $9,276/month thereafter (as of May 1, 2006).

Court Disposition

Court imputed Guideline income and increased child support retroactively and prospectively; declined to depart from the table amount under s.4

Orders

  • Child support for the period January 1, 2005 to May 1, 2006 is retroactively increased from $7,000 per month to $7,518 per month
  • As of May 1, 2006 the Defendant shall pay child support of $9,276 per month