Bell v. Bell

Bell v. Bell

The court excluded non-recurring stock option proceeds from Mr. Bell's Guideline income under s.17 and fixed his income for child support at $809,702 for 2008 and $779,144 for 2009, applied table amounts for Eric (no s.4 departure), set specific monthly child support amounts for defined periods and ordered support be paid directly to Eric if he attends university; the Court varied the Court of Appeal's spousal award, increasing spousal support to $10,000 per month retroactive to July 1, 2009 based on Mr. Bell's actual earnings and the Court of Appeal's misapprehension of his income; private school tuition to be paid by Ms. Bell with credit to Mr. Bell for amounts already paid and leave...

Citation
2011 BCSC 212
Parties
Claimant: Yvette Holland Bell; Defendant: John Peter Bell
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 February 2011
Procedural Posture
Family Law Divorce/spousal and Child Support / Post Appeal Review/application Following Court of Appeal Decision
Outcome
Child support for Eric set at $5,578/month from May 1, 2008 to June 30, 2009; $6,448/month from July 1, 2009 to June 30, 2010; $6,209/month from July 1, 2010 onward with annual June 30 income notice and reviewable if Eric attends university; if Eric attends university support to be paid directly to him; spousal...
Legal Topics
Federal Child Support Guidelines, Section 17 Pattern of Income, Section 7 Special Expenses, Spousal Support Variation, Consent Order Review
Source Language
English
Family Law Child Support Spousal Support Income Determination Appeal/review Federal Child Support Guidelines Section 17 Pattern of Income Section 7 Special Expenses +2 more

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Parties

Yvette Holland Bell

Claimant

John Peter Bell

Defendant

Procedural Posture

Family Law Divorce/spousal and Child Support / Post Appeal Review/application Following Court of Appeal Decision

Legal Issues

  1. 1 Determination of Mr. Bell's income for Guideline child support purposes and whether to include non-recurring stock option proceeds
  2. 2 Amount of child support payable retroactive to May 1, 2008 for child Eric
  3. 3 Appropriate payment mechanism for child support if child attends university

Ratio Decidendi

The court excluded non-recurring stock option proceeds from Mr. Bell's Guideline income under s.17 and fixed his income for child support at $809,702 for 2008 and $779,144 for 2009, applied table amounts for Eric (no s.4 departure), set specific monthly child support amounts for defined periods and ordered support be paid directly to Eric if he attends university; the Court varied the Court of Appeal's spousal award, increasing spousal support to $10,000 per month retroactive to July 1, 2009 based on Mr. Bell's actual earnings and the Court of Appeal's misapprehension of his income; private school tuition to be paid by Ms. Bell with credit to Mr. Bell for amounts already paid and leave...

Court Disposition

Child support for Eric set at $5,578/month from May 1, 2008 to June 30, 2009; $6,448/month from July 1, 2009 to June 30, 2010; $6,209/month from July 1, 2010 onward with annual June 30 income notice and reviewable if Eric attends university; if Eric attends university support to be paid directly to him; spousal...

Orders

  • Child support for Eric fixed at $5,578 per month from May 1, 2008 to June 30, 2009
  • Child support for Eric fixed at $6,448 per month from July 1, 2009 to June 30, 2010