M.F.W. v. M.A.H.

M.F.W. v. M.A.H.

On the evidence the court imputed annual Guidelines income of $125,000 to M.A.H. based on his earning history, skills, assets and spending inconsistent with reported income; declined to impute any income to M.F.W. because her circumstances from trial and appeal remain unchanged; refused to terminate spousal support...

Source-derived case information.

Citation
2021 BCSC 1581
Parties
Claimant: M.F.W. also known as M.F.H.; Respondent: M.A.H.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 June 2021
Procedural Posture
Review Application for Variation of Child and Spousal Support / Review Hearing (one Time Review Under Prior Final Order)
Outcome
Imputed income of $125,000 per year to M.A.H.; all other relief sought by M.A.H. dismissed
Legal Topics
Income Imputation, Arrears Cancellation, Guidelines Income Determination, Variation and Termination of Spousal Support, FMEP Enforcement
Source Language
english
Family Law Child Support Spousal Support Enforcement of Support Orders Income Imputation Arrears Cancellation Guidelines Income Determination Variation and Termination of Spousal Support +1 more

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Parties

M.F.W. also known as M.F.H.

Claimant

M.A.H.

Respondent

Procedural Posture

Review Application for Variation of Child and Spousal Support / Review Hearing (one Time Review Under Prior Final Order)

Legal Issues

  1. 1 What is M.A.H.'s past and future income for support calculation
  2. 2 Whether income should be imputed to M.F.W.
  3. 3 Whether spousal support should be terminated retroactively

Ratio Decidendi

On the evidence the court imputed annual Guidelines income of $125,000 to M.A.H. based on his earning history, skills, assets and spending inconsistent with reported income; declined to impute any income to M.F.W. because her circumstances from trial and appeal remain unchanged; refused to terminate spousal support retroactively and refused to reduce or cancel arrears including FMEP amounts due to inadequate disclosure and failure to prove gross unfairness; costs awarded to M.F.W.

Court Disposition

Imputed income of $125,000 per year to M.A.H.; all other relief sought by M.A.H. dismissed

Orders

  • M.A.H.'s Federal Child Support Guidelines income is imputed at $125000 per year as of date of judgment
  • No income is imputed to M.F.W.