Ashak v. Ashak

Ashak v. Ashak

Impute the respondent's income at $55,000 because he failed to replace a lost driver and certain business expenses were personal and properly added back under the Federal Child Support Guidelines; divide the net sale proceeds of the family home equally because the wife's career sacrifice did not make equal division significantly unfair and the respondent's delay in selling did not produce value beyond market trends; award child support of $834/month to mother; order spousal support subject to later review when the children cease to be children of the marriage; order reasonable generous parenting time for respondent and require respondent to maintain beneficiary designation on life...

Citation
2016 BCSC 941
Parties
Claimant: Fareen Ashak; Respondent: John Mohammed Ashak
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 May 2016
Procedural Posture
Family Law Divorce, Support and Property Division / Summary Trial
Outcome
Application partly granted and partly dismissed: respondent's income imputed; child support ordered; equal division of sale proceeds; parenting time ordered; spousal support deferred for review; life insurance beneficiary designation ordered; parties to bear own costs; various consent orders granted.
Legal Topics
Income Imputation, Unequal Division of Family Property, Life Insurance Beneficiary as Security, Support Calculation, Parenting Time Allocation, Costs
Source Language
English
Family Law Divorce Child Support Spousal Support Property Division Parenting Time Income Imputation Unequal Division of Family Property +4 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 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Fareen Ashak

Claimant

John Mohammed Ashak

Respondent

Procedural Posture

Family Law Divorce, Support and Property Division / Summary Trial

Legal Issues

  1. 1 Proper imputation of respondent's income for support purposes
  2. 2 Division and possible reapportionment of family property including net sale proceeds of the matrimonial home
  3. 3 Allocation of parenting time

Ratio Decidendi

Impute the respondent's income at $55,000 because he failed to replace a lost driver and certain business expenses were personal and properly added back under the Federal Child Support Guidelines; divide the net sale proceeds of the family home equally because the wife's career sacrifice did not make equal division significantly unfair and the respondent's delay in selling did not produce value beyond market trends; award child support of $834/month to mother; order spousal support subject to later review when the children cease to be children of the marriage; order reasonable generous parenting time for respondent and require respondent to maintain beneficiary designation on life...

Court Disposition

Application partly granted and partly dismissed: respondent's income imputed; child support ordered; equal division of sale proceeds; parenting time ordered; spousal support deferred for review; life insurance beneficiary designation ordered; parties to bear own costs; various consent orders granted.

Orders

  • Impute respondent's annual income at $55,000 for child and spousal support purposes.
  • Respondent to have reasonable and generous parenting time with the children at dates and times to be arranged directly with the children.