Mynio v. Mynio

Mynio v. Mynio

The court found the claimant established a material change in circumstances based on newly available expert evidence revealing the respondent's substantially higher guideline income and the prolonged, repeated adjournments of trial; accordingly the interim spousal support order was varied to increase support to the...

Source-derived case information.

Citation
2024 BCSC 544
Parties
Claimant: Jody-Lynne Mynio; Respondent: Daniel Michael Mynio
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 April 2024
Procedural Posture
Family Law (divorce Act Corollary Relief and Property Division) / Interim Application to Vary Prior Interim Orders; Pre Trial (trial Scheduled Sept 23, 2024)
Outcome
Application granted in part and dismissed in part.
Legal Topics
Variation of Interim Orders, Spousal Support (interim and Retroactive), Sale of Former Family Residence, Material Change in Circumstances, Income Imputation and Guideline Income
Source Language
english
Family Law Divorce Act Property Law Civil Procedure Variation of Interim Orders Spousal Support (interim and Retroactive) Sale of Former Family Residence Material Change in Circumstances +1 more

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Parties

Jody-Lynne Mynio

Claimant

Daniel Michael Mynio

Respondent

Procedural Posture

Family Law (divorce Act Corollary Relief and Property Division) / Interim Application to Vary Prior Interim Orders; Pre Trial (trial Scheduled Sept 23, 2024)

Legal Issues

  1. 1 Whether interim spousal support order should be varied
  2. 2 Whether a lump sum retroactive spousal support award should be made now
  3. 3 Whether the court should order sale of the former family residence on an interlocutory basis

Ratio Decidendi

The court found the claimant established a material change in circumstances based on newly available expert evidence revealing the respondent's substantially higher guideline income and the prolonged, repeated adjournments of trial; accordingly the interim spousal support order was varied to increase support to the mid-point guideline amount ($4,345/month effective January 2024), while lump sum retroactive support prior to September 2023 and interlocutory sale of the Property were deferred/dismissed because retroactive quantum is better determined at trial and sale was neither necessary nor shown to be expedient/advantageous to both parties.

Court Disposition

Application granted in part and dismissed in part.

Orders

  • Respondent to pay claimant interim spousal support of $4,345 per month starting January 2024, payable no later than the 15th of each month; amounts for January, February and March 2024 payable forthwith less payments already made.
  • Application for lump sum retroactive spousal support dismissed (deferred to trial).