E.E.C. v. M.A.C.

E.E.C. v. M.A.C.

The court held that the defendant's actual 2003 income of $177,406 must be used for Guidelines purposes because it was known and there was insufficient evidence to impute additional income from the underutilized asset M.[ ]; child support for 2003 is therefore set at $1,988/month and the defendant's cumulative overpayment credits were recalculated resulting in final offsetting of awards; the plaintiff was entitled to compensatory spousal support for loss of earning capacity and was awarded retroactive and lump sum spousal support totalling $170,000, with net payment direction after offset (defendant to pay $1,300).

Citation
2004 BCSC 589
Parties
Plaintiff: E.E.C.; Defendant: M.A.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 May 2004
Procedural Posture
Family Law (divorce/support) / Variation Hearing on Remitted Support Issues Following Court of Appeal Decision
Outcome
Application to vary child support and spousal support granted in part: defendant's 2003 Guidelines income fixed at $177,406; child support for 2003 and 2004 recalculated; spousal support awarded to plaintiff in lump sums totalling $170,000; final net payment ordered after offset.
Legal Topics
Retroactive Child Support, Imputing Income Under Guidelines, Compensatory Spousal Support, Asset Valuation and Transfers, Variation of Support Orders
Source Language
English
Family Law Child Support Spousal Support Divorce Act Family Relations Act Retroactive Child Support Imputing Income Under Guidelines Compensatory Spousal Support +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

E.E.C.

Plaintiff

M.A.C.

Defendant

Procedural Posture

Family Law (divorce/support) / Variation Hearing on Remitted Support Issues Following Court of Appeal Decision

Legal Issues

  1. 1 What figure to use for defendant's Guidelines income for 2003 and whether to impute additional income under s.19 of the Guidelines for underutilized assets
  2. 2 Quantum and entitlement to retroactive and ongoing spousal support after substantial reduction in child support by Court of Appeal
  3. 3 Validity and treatment of assets transferred to plaintiff's mother and effect on plaintiff's means

Ratio Decidendi

The court held that the defendant's actual 2003 income of $177,406 must be used for Guidelines purposes because it was known and there was insufficient evidence to impute additional income from the underutilized asset M.[ ]; child support for 2003 is therefore set at $1,988/month and the defendant's cumulative overpayment credits were recalculated resulting in final offsetting of awards; the plaintiff was entitled to compensatory spousal support for loss of earning capacity and was awarded retroactive and lump sum spousal support totalling $170,000, with net payment direction after offset (defendant to pay $1,300).

Court Disposition

Application to vary child support and spousal support granted in part: defendant's 2003 Guidelines income fixed at $177,406; child support for 2003 and 2004 recalculated; spousal support awarded to plaintiff in lump sums totalling $170,000; final net payment ordered after offset.

Orders

  • Defendant's Guidelines income for 2003 fixed at $177,406 and child support for 2003 assessed at $1,988 per month (total $23,856 for 2003)
  • Defendant's projected Guidelines income for 2004 fixed at $192,625 and child support from May 1, 2004 set at $2,139 per month until children are no longer children at law or further order