Schick v. Schick

Schick v. Schick

Court found respondent's August 2017 medical event constituted a material change in circumstances permitting reconsideration of quantum but not a retroactive variation to August 3, 2017; the court imputed guideline incomes (respondent: $69,900 for 2017 and $40,000 for 2018; claimant: $30,400) and set ongoing spousal...

Source-derived case information.

Citation
2018 BCSC 1181
Parties
Claimant: Margaret Susan Schick; Respondent: Dennis Keith Schick
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 July 2018
Procedural Posture
Spousal Support Variation Under the Divorce Act / Summary Trial Application (reasons for Judgment)
Outcome
Applicant's variation application granted in part and dismissed in part: variation of ongoing quantum permitted; retroactive variation and termination applications dismissed.
Legal Topics
Variation of Support, Material Change in Circumstances, Guideline Income, Retroactive Variation, Termination of Support, Imputation of Income
Source Language
english
Family Law Spousal Support Civil Procedure Variation of Support Material Change in Circumstances Guideline Income Retroactive Variation Termination of Support +1 more

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Parties

Margaret Susan Schick

Claimant

Dennis Keith Schick

Respondent

Procedural Posture

Spousal Support Variation Under the Divorce Act / Summary Trial Application (reasons for Judgment)

Legal Issues

  1. 1 Whether the respondent's medical condition and loss of income constitute a material change in circumstances warranting variation of spousal support
  2. 2 Appropriate guideline incomes for 2017 and 2018 and resulting quantum of support
  3. 3 Whether variation should apply retroactively to August 3, 2017

Ratio Decidendi

Court found respondent's August 2017 medical event constituted a material change in circumstances permitting reconsideration of quantum but not a retroactive variation to August 3, 2017; the court imputed guideline incomes (respondent: $69,900 for 2017 and $40,000 for 2018; claimant: $30,400) and set ongoing spousal support at $350 per month from January 1, 2018, while dismissing the applications to terminate support or to set termination on retirement absent fuller evidence.

Court Disposition

Applicant's variation application granted in part and dismissed in part: variation of ongoing quantum permitted; retroactive variation and termination applications dismissed.

Orders

  • Respondent's application to vary spousal support retroactive to August 3, 2017 is dismissed
  • Respondent's continuing spousal support obligation is $350 per month commencing January 1, 2018