H.A. v. M.S.

H.A. v. M.S.

On the interim application the court declined to impute respondent income to CAD 250,000 for lack of evidence and found Guideline income to be CAD 184,800 based on pay statements; ordered interim child support for the two younger children of CAD 2,570 per month and dismissed interim support for the 22-year-old eldest child for lack of evidence that he remains a 'child of the marriage'; found claimant made a prima facie case for interim spousal support and ordered CAD 2,230 per month; adjourned the issue of retroactive support to trial; disregarded late reply affidavits and admonished deficient Notices of Application but declined to dismiss for the sake of the children's rights.

Citation
2022 BCSC 1493
Parties
Claimant: H.A.; Respondent: M.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 August 2022
Procedural Posture
Family Law Interim Child and Spousal Support Application / Interim Application Hearing (heard July 20, 2022; Reasons Delivered Aug 29, 2022)
Outcome
Interim relief granted in part, application otherwise dismissed as to eldest child and retroactive relief adjourned to trial
Legal Topics
Interim Support, Income Imputation, Post Secondary Child Support, Spousal Support Advisory Guidelines, Retroactive Support, Evidence and Disclosure, Foreign Proceedings (jordan)
Source Language
English
Family Law Divorce Child Support Spousal Support International/procedural Law Interim Support Income Imputation Post Secondary Child Support +4 more

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Parties

H.A.

Claimant

M.S.

Respondent

Procedural Posture

Family Law Interim Child and Spousal Support Application / Interim Application Hearing (heard July 20, 2022; Reasons Delivered Aug 29, 2022)

Legal Issues

  1. 1 Whether respondent's income should be imputed to CAD 250,000
  2. 2 Whether the 22-year-old child remains a 'child of the marriage' entitled to interim support
  3. 3 Whether claimant has prima facie entitlement to interim spousal support

Ratio Decidendi

On the interim application the court declined to impute respondent income to CAD 250,000 for lack of evidence and found Guideline income to be CAD 184,800 based on pay statements; ordered interim child support for the two younger children of CAD 2,570 per month and dismissed interim support for the 22-year-old eldest child for lack of evidence that he remains a 'child of the marriage'; found claimant made a prima facie case for interim spousal support and ordered CAD 2,230 per month; adjourned the issue of retroactive support to trial; disregarded late reply affidavits and admonished deficient Notices of Application but declined to dismiss for the sake of the children's rights.

Court Disposition

Interim relief granted in part, application otherwise dismissed as to eldest child and retroactive relief adjourned to trial

Orders

  • Respondent shall pay interim child support for two younger children in the amount of CAD 2,570 per month commencing April 1, 2022 and payable on the first day of each month until further order of the court pursuant to s.15.1(2) of the Divorce Act.
  • Claim for interim child support for the eldest child is dismissed.