Greco v. Greco

Greco v. Greco

The respondent's voluntary retirement and cessation of earnings constituted a material change in circumstances but did not justify termination; the respondent's conduct and non‑compliance with disclosure were blameworthy and supported a retroactive award; the court therefore imputed annual income of $65,000 to the respondent (one‑third of his three‑year average), fixed retroactive arrears for July 2013–March 2016 at $50,000, and reduced ongoing support to $250/month starting April 1, 2017 until the respondent reaches age 65, with original order remaining in effect April 1, 2016–March 1, 2017 inclusive.

Citation
2017 BCSC 172
Parties
Claimant: Linda Mary Greco aka Mary Linda Greco; Respondent: Michael Louis Greco
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 February 2017
Procedural Posture
Divorce Act Spousal Support Variation Application / Application to Vary and Cross Application Heard (trial/court Reasons)
Outcome
Application partially granted. Termination refused; income imputed, retroactive arrears awarded, ongoing spousal support reduced to nominal amount until age 65; costs split (each party bears own costs).
Legal Topics
Variation of Support Order, Retroactive Support, Imputation of Income, Voluntary Retirement and Maintenance, Disclosure/non Compliance
Source Language
English
Family Law Spousal Support Divorce Act Variation of Support Order Retroactive Support Imputation of Income Voluntary Retirement and Maintenance Disclosure/non Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Linda Mary Greco aka Mary Linda Greco

Claimant

Michael Louis Greco

Respondent

Procedural Posture

Divorce Act Spousal Support Variation Application / Application to Vary and Cross Application Heard (trial/court Reasons)

Legal Issues

  1. 1 Whether there was a material change in circumstances warranting variation or termination of spousal support
  2. 2 Whether the respondent's voluntary retirement justified termination or reduction of spousal support
  3. 3 Whether to impute income to the respondent and, if so, at what level

Ratio Decidendi

The respondent's voluntary retirement and cessation of earnings constituted a material change in circumstances but did not justify termination; the respondent's conduct and non‑compliance with disclosure were blameworthy and supported a retroactive award; the court therefore imputed annual income of $65,000 to the respondent (one‑third of his three‑year average), fixed retroactive arrears for July 2013–March 2016 at $50,000, and reduced ongoing support to $250/month starting April 1, 2017 until the respondent reaches age 65, with original order remaining in effect April 1, 2016–March 1, 2017 inclusive.

Court Disposition

Application partially granted. Termination refused; income imputed, retroactive arrears awarded, ongoing spousal support reduced to nominal amount until age 65; costs split (each party bears own costs).

Orders

  • Impute respondent annual income at $65,000 effective 2016 for support purposes
  • Respondent to pay claimant $250 per month spousal support commencing April 1, 2017 and continuing on the first day of each month until respondent reaches age 65, whereupon ongoing support will terminate