Hutchen v. Hutchen

Hutchen v. Hutchen

Claimant established entitlement to both compensatory and non‑compensatory spousal support but compensatory claim was modest because she continued working; the court accepted respondent's income at $150,000 and imputed claimant income at $26,000 for calculation purposes, ordered spousal support of $3,100 per month...

Source-derived case information.

Citation
2014 BCSC 729
Parties
Claimant: Manuellla Hutchen (also known as Locche); Respondent: Phillippe Edward Hutchen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 April 2014
Procedural Posture
Spousal Support Under the Divorce Act / Application for Final Spousal Support — Judgment
Outcome
Spousal support awarded to claimant at $3,100 per month commencing May 1, 2014; retroactive claim dismissed; review set for two years; costs awarded to claimant.
Legal Topics
Compensatory Support, Non Compensatory Support, Imputed Income, Retroactive Support, Spousal Support Advisory Guidelines, Effect of New Relationship/remarriage, Review of Support
Source Language
english
Family Law Spousal Support Divorce Compensatory Support Non Compensatory Support Imputed Income Retroactive Support Spousal Support Advisory Guidelines +2 more

Source-derived case record

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Parties

Manuellla Hutchen (also known as Locche)

Claimant

Phillippe Edward Hutchen

Respondent

Procedural Posture

Spousal Support Under the Divorce Act / Application for Final Spousal Support — Judgment

Legal Issues

  1. 1 Whether claimant is entitled to spousal support on compensatory grounds
  2. 2 Whether claimant is entitled to spousal support on non-compensatory (needs) grounds
  3. 3 Quantum of spousal support and appropriate imputation of recipient income

Ratio Decidendi

Claimant established entitlement to both compensatory and non‑compensatory spousal support but compensatory claim was modest because she continued working; the court accepted respondent's income at $150,000 and imputed claimant income at $26,000 for calculation purposes, ordered spousal support of $3,100 per month commencing May 1, 2014, dismissed retroactive relief to August 2013 as unjustified given uncertainty, set a two‑year review confined to exhaustion of compensatory entitlement and ongoing need including effects of claimant's new relationship, and awarded costs to the claimant.

Court Disposition

Spousal support awarded to claimant at $3,100 per month commencing May 1, 2014; retroactive claim dismissed; review set for two years; costs awarded to claimant.

Orders

  • Respondent shall pay spousal support to claimant in the amount of $3,100 per month commencing May 1, 2014.
  • Claimant's application for retroactive spousal support (to August 2013) is dismissed.