Booth v. Booth

Booth v. Booth

The court found the respondent's 2009 and 2010 earnings were exceptional and not to be used prospectively, that the claimant's back condition reduced but did not preclude part-time work, and that she failed to reasonably pursue rental income from the basement; accordingly the court imputed income to the claimant for 2009, 2010 and prospectively, adjusted support, fixed arrears and ordered a repayment schedule and costs to the claimant.

Citation
2011 BCSC 508
Parties
Claimant: Heather Cecilia Booth; Respondent: Mark Steven Booth
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 April 2011
Procedural Posture
Family Law Spousal Support / Judgment on Spousal Support Review Application
Outcome
Application granted in part: income imputed to claimant for past years and prospectively, arrears fixed, spousal support increased effective May 1, 2011, and costs awarded to claimant.
Legal Topics
Spousal Support Advisory Guidelines, Imputation of Income, Arrears and Repayment, Change of Circumstances, Medical Evidence, Rental Income as Mitigation
Source Language
English
Family Law Spousal Support Child Support Income Imputation Disability and Capacity to Work Spousal Support Advisory Guidelines Imputation of Income Arrears and Repayment +3 more

Case Brief

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Parties

Heather Cecilia Booth

Claimant

Mark Steven Booth

Respondent

Procedural Posture

Family Law Spousal Support / Judgment on Spousal Support Review Application

Legal Issues

  1. 1 Whether to impute income to the claimant for 2009, 2010 and prospectively
  2. 2 Whether respondent's 2009 and 2010 higher earnings were exceptional and should be used for prospective guideline income
  3. 3 Whether claimant made reasonable efforts to become self-sufficient including renting basement suite

Ratio Decidendi

The court found the respondent's 2009 and 2010 earnings were exceptional and not to be used prospectively, that the claimant's back condition reduced but did not preclude part-time work, and that she failed to reasonably pursue rental income from the basement; accordingly the court imputed income to the claimant for 2009, 2010 and prospectively, adjusted support, fixed arrears and ordered a repayment schedule and costs to the claimant.

Court Disposition

Application granted in part: income imputed to claimant for past years and prospectively, arrears fixed, spousal support increased effective May 1, 2011, and costs awarded to claimant.

Orders

  • Respondent's income for 2009 and 2010 found to be $110,000 for each year
  • Prospective guideline income for respondent set at $94,000 annually