Tuokko v. Tuokko

Tuokko v. Tuokko

On an interim application the court used the respondent's current contract income adjusted for reasonably substantiated employment expenses ($24,000 annually) to fix annual income at $268,000 CAD, declined to average income under s.17(1) because there was no fluctuation or non‑recurrence justification, applied the Child Support Guidelines resulting in interim child support of $5,767/month, applied the SSAG at the low end for interim spousal support resulting in $7,000/month, and ordered both to commence June 1, 2017 with credit to respondent for payments made since that date.

Citation
2017 BCSC 2188
Parties
Claimant: Deanna Elaine Tuokko; Respondent: Michael Timothy Tuokko
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 November 2017
Procedural Posture
Family Law Divorce/separation / Interim Application (interlocutory)
Outcome
Interim child support and spousal support awarded to claimant; child support set at $5,767 per month and spousal support at $7,000 per month; both awards effective June 1, 2017; respondent given credit for payments made since June 1, 2017; claimant awarded costs.
Legal Topics
Income Determination Under Guidelines, High Income Payor Adjustments, Retroactive Support, Spousal Support Advisory Guidelines, Application of S.17 of Child Support Guidelines
Source Language
English
Family Law Child Support Spousal Support Interim Relief Income Determination Under Guidelines High Income Payor Adjustments Retroactive Support Spousal Support Advisory Guidelines +1 more

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Parties

Deanna Elaine Tuokko

Claimant

Michael Timothy Tuokko

Respondent

Procedural Posture

Family Law Divorce/separation / Interim Application (interlocutory)

Legal Issues

  1. 1 Quantum of interim child support
  2. 2 Quantum of interim spousal support
  3. 3 Whether awards should be retroactive

Ratio Decidendi

On an interim application the court used the respondent's current contract income adjusted for reasonably substantiated employment expenses ($24,000 annually) to fix annual income at $268,000 CAD, declined to average income under s.17(1) because there was no fluctuation or non‑recurrence justification, applied the Child Support Guidelines resulting in interim child support of $5,767/month, applied the SSAG at the low end for interim spousal support resulting in $7,000/month, and ordered both to commence June 1, 2017 with credit to respondent for payments made since that date.

Court Disposition

Interim child support and spousal support awarded to claimant; child support set at $5,767 per month and spousal support at $7,000 per month; both awards effective June 1, 2017; respondent given credit for payments made since June 1, 2017; claimant awarded costs.

Orders

  • Respondent to pay interim child support in the amount of $5,767 per month commencing June 1, 2017, respondent to receive credit for any payments made on or after that date
  • Respondent to pay interim spousal support in the amount of $7,000 per month commencing June 1, 2017, respondent to receive credit for any payments made on or after that date