J.S.K. v. K.K.K.

J.S.K. v. K.K.K.

The consent order was premised on an expectation Mr. K. would earn at least $120,000; his sustained post‑2007 income decline to roughly $60,000 constituted an unanticipated material change permitting variation. Spousal support was not cancelled because it was agreed for a fixed six‑year term and cohabitation was not a contractual termination event. The court imputed Guideline incomes of $70,000 to Mr. K. (accounting for corporate expense add‑backs) and $24,000 to Ms. K. (intentional underemployment). Based on those incomes child support was set at $1,060/month and spousal support at $98/month (total $1,160/month), effective July 1, 2014. No costs were awarded for this application.

Citation
2014 BCSC 1723
Parties
Claimant: J.S.K.; Respondent: K.K.K.; Respondent: K.S.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 July 2014
Procedural Posture
Family Law Variation of Child and Spousal Support / Application to Vary Consent Order Heard and Decided (oral Reasons for Judgment)
Outcome
Application to vary consent order granted in part: spousal support not cancelled; Guideline incomes set and support reduced prospectively to July 1, 2014; no costs awarded for this application.
Legal Topics
Variation of Support, Imputed Income, Consent Order Interpretation, Material Change in Circumstances, Costs in Family Proceedings, Retroactivity of Support Adjustments
Source Language
English
Family Law Child Support Spousal Support Contract (consent Order) Tax/income Attribution Variation of Support Imputed Income Consent Order Interpretation +3 more

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Parties

J.S.K.

Claimant

K.K.K.

Respondent

K.S.S.

Respondent

Procedural Posture

Family Law Variation of Child and Spousal Support / Application to Vary Consent Order Heard and Decided (oral Reasons for Judgment)

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of the 2009 consent order
  2. 2 Whether spousal support should be cancelled or reduced
  3. 3 What Guideline income should be attributed to the payor (Mr. K.)

Ratio Decidendi

The consent order was premised on an expectation Mr. K. would earn at least $120,000; his sustained post‑2007 income decline to roughly $60,000 constituted an unanticipated material change permitting variation. Spousal support was not cancelled because it was agreed for a fixed six‑year term and cohabitation was not a contractual termination event. The court imputed Guideline incomes of $70,000 to Mr. K. (accounting for corporate expense add‑backs) and $24,000 to Ms. K. (intentional underemployment). Based on those incomes child support was set at $1,060/month and spousal support at $98/month (total $1,160/month), effective July 1, 2014. No costs were awarded for this application.

Court Disposition

Application to vary consent order granted in part: spousal support not cancelled; Guideline incomes set and support reduced prospectively to July 1, 2014; no costs awarded for this application.

Orders

  • Mr. K.'s Guideline income for support purposes set at $70,000 per annum
  • Ms. K.'s Guideline income imputed at $24,000 per annum