G.P.M. v. M.A.Z.

G.P.M. v. M.A.Z.

Court ordered joint guardianship (Joyce Model) for both daughters with claimant granted sole day-to-day custody; set respondent's Guideline income at 80% of $156,000 (allowing a 20% business expense deduction) = $124,800 annually and child support at $1,795/month commencing May 1, 2012; ordered respondent to pay...

Source-derived case information.

Citation
2012 BCSC 561
Parties
Claimant: G.P.M.; Respondent: M.A.Z.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 April 2012
Procedural Posture
Family Law — Divorce, Custody, Support, Property Division / Trial Judgment (reasons for Judgment)
Outcome
Judgment issued partially in favour of claimant on guardianship, custody, child support, asset reapportionment and spousal support; various orders as specified.
Legal Topics
Joyce Model Guardianship, Child Support Guidelines Income Determination, Section 7 Special Expenses, Reapportionment of Matrimonial Home Under S.65 FRA, Allocation of Tax Liability, Spousal Support Advisory Guidelines
Source Language
english
Family Law Child Custody and Guardianship Child Support Spousal Support Property Division Joyce Model Guardianship Child Support Guidelines Income Determination Section 7 Special Expenses +3 more

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Parties

G.P.M.

Claimant

M.A.Z.

Respondent

Procedural Posture

Family Law — Divorce, Custody, Support, Property Division / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether joint guardianship (Joyce Model) or sole guardianship appropriate
  2. 2 Which parent should have day-to-day custody
  3. 3 Proper Guideline income for child support and appropriate business expense deduction

Ratio Decidendi

Court ordered joint guardianship (Joyce Model) for both daughters with claimant granted sole day-to-day custody; set respondent's Guideline income at 80% of $156,000 (allowing a 20% business expense deduction) = $124,800 annually and child support at $1,795/month commencing May 1, 2012; ordered respondent to pay arrears and specified s.7 expense allocations (respondent liable for arrears and 2012–2013 s.7 expenses; from Jan 1, 2014 claimant contributes 17% and respondent 83%); awarded claimant 70% of net equity of the matrimonial home (after CRA debts up to Sept 30, 2010 are paid) and respondent 30%; awarded indefinite spousal support of $1,500/month commencing May 1, 2012.

Court Disposition

Judgment issued partially in favour of claimant on guardianship, custody, child support, asset reapportionment and spousal support; various orders as specified.

Orders

  • Joint guardianship for both daughters under the Joyce Model to be made permanent and respondent given rights under s.32 to seek review and to obtain information from third parties
  • Claimant granted sole custody for day-to-day physical care and control and right to travel internationally with the daughters