Lay v. Lay

Lay v. Lay

On the interim applications the master determined incomes for interim support (respondent $105,000 annually; claimant imputed $28,000 annually), ordered interim child support of $725/month and spousal support of $1,550/month from April 1, 2017, imposed interim parenting limits (child prohibited from handling...

Source-derived case information.

Citation
2017 BCSC 755
Parties
Claimant: Carina Susanne Lay; Respondent: Kyle Daniel Lay; Respondent: Susan Louise Lay
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 April 2017
Procedural Posture
Divorce Act (family Law) / Interim Applications (oral Ruling)
Outcome
Interim orders granted in part and dismissed in part as set out in orders below; each party to bear their own costs.
Legal Topics
Income Imputation, Interim Support, Contino Analysis, S.211 Custody Report, Parenting Restrictions (firearms and Work Activities), Change of Trial Venue
Source Language
english
Family Law Child Support Spousal Support Parenting and Custody Procedural Venue Income Imputation Interim Support Contino Analysis +3 more

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Parties

Carina Susanne Lay

Claimant

Kyle Daniel Lay

Respondent

Susan Louise Lay

Respondent

Procedural Posture

Divorce Act (family Law) / Interim Applications (oral Ruling)

Legal Issues

  1. 1 Determination of respondent's income for support purposes
  2. 2 Imputation of income to the claimant
  3. 3 Appropriate interim child and spousal support amounts

Ratio Decidendi

On the interim applications the master determined incomes for interim support (respondent $105,000 annually; claimant imputed $28,000 annually), ordered interim child support of $725/month and spousal support of $1,550/month from April 1, 2017, imposed interim parenting limits (child prohibited from handling firearms until trial; child may accompany father for trapping/checking traps but not on shooting aspects of predator control and must remain in vehicle when predators are shot), ordered the child be enrolled at 150 Mile House Elementary kindergarten, directed immediate exchange of 2016 tax returns and pay stubs and ordered a s.211 custody report with costs shared equally; application...

Court Disposition

Interim orders granted in part and dismissed in part as set out in orders below; each party to bear their own costs.

Orders

  • Child support: respondent to pay $725 per month commencing April 1, 2017, with any April payments deducted and balance payable forthwith with liberty to pay biweekly
  • Spousal support: respondent to pay claimant $1,550 per month commencing April 1, 2017