Shepherd v. Shepherd

Shepherd v. Shepherd

Given the parties' long traditional marriage, the respondent's failure to pursue timely variation, evidence of continued lifestyle funded by parental support and credit‑card draws, and the applicant's reduced earning capacity, the court imputed income to the respondent ($45,000 p.a. for 2009–2011; $25,000 for 2012), reduced support to $750/month for 2009–2011 and $450/month from January 2012, maintained the interim order through December 2008, directed FMEP to recalculate arrears, dismissed most contempt allegations on their merits but took non‑compliance into account for costs, and awarded the plaintiff special costs at 75% on assessment.

Citation
2013 BCSC 1173
Parties
Claimant: Mary Anne Shepherd; Respondent: Christopher Robert Shepherd
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 July 2013
Procedural Posture
Divorce/family Law / Trial Judgment
Outcome
Interim spousal support upheld in part and varied: maintained through Dec 2008; support set at $750/month for 2009–2011; $450/month from Jan 2012 to Dec 2015; contempt applications largely dismissed; plaintiff awarded special costs on assessment.
Legal Topics
Variation of Spousal Support, Imputation of Income, Enforcement and Contempt for Non Compliance, Document Disclosure, Assessment of Special Costs
Source Language
English
Family Law Spousal Support Contempt Costs Property Division Variation of Spousal Support Imputation of Income Enforcement and Contempt for Non Compliance +2 more

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Parties

Mary Anne Shepherd

Claimant

Christopher Robert Shepherd

Respondent

Procedural Posture

Divorce/family Law / Trial Judgment

Legal Issues

  1. 1 Whether the interim spousal support order of July 9, 2007 should be varied or rescinded
  2. 2 Proper imputation of income to the respondent for 2009–2012 based on evidence of means and lifestyle
  3. 3 Calculation and reduction of arrears and enforcement through FMEP

Ratio Decidendi

Given the parties' long traditional marriage, the respondent's failure to pursue timely variation, evidence of continued lifestyle funded by parental support and credit‑card draws, and the applicant's reduced earning capacity, the court imputed income to the respondent ($45,000 p.a. for 2009–2011; $25,000 for 2012), reduced support to $750/month for 2009–2011 and $450/month from January 2012, maintained the interim order through December 2008, directed FMEP to recalculate arrears, dismissed most contempt allegations on their merits but took non‑compliance into account for costs, and awarded the plaintiff special costs at 75% on assessment.

Court Disposition

Interim spousal support upheld in part and varied: maintained through Dec 2008; support set at $750/month for 2009–2011; $450/month from Jan 2012 to Dec 2015; contempt applications largely dismissed; plaintiff awarded special costs on assessment.

Orders

  • Interim spousal support order to remain in effect through December 2008
  • Impute respondent income at $45,000 per annum for 2009–2011 and at $25,000 for 2012