S.M.K. v. R.K.

S.M.K. v. R.K.

The consumer proposal constituted a family debt and was therefore considered in netting assets and debts under s.65(1); the Racing Miniatures inventory was a family asset valued at $25,000 and awarded to the respondent with a credit to the claimant; the respondent was found not intentionally unemployed but his income was imputed at reduced levels for specified periods; child support arrears roughly offset and none awarded; claimant must pay guideline child support ($226/month) and spousal support ($178/month) to respondent from May 1, 2014 to October 31, 2015; s.7 horseback riding expenses denied and s.7 fixed at $2,000 for trial date to Oct 31, 2015 with respondent responsible for $1,000...

Citation
2014 BCSC 2216
Parties
Claimant: S.M.K.; Respondent: R. K.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 November 2014
Procedural Posture
Divorce / Reasons for Judgment (trial)
Outcome
Judgment for divorce granted; mixed orders on property, support, parenting and expenses as detailed below
Legal Topics
Income Imputation, Family Debt (consumer Proposal), Section 7 Expenses, Division of Family Assets, Custody and Guardianship (joyce Model), Valuation of Business Inventory, Spousal Support Advisory Guidelines
Source Language
English
Family Law Divorce Child Support Spousal Support Property Division Guardianship Income Imputation Family Debt (consumer Proposal) +5 more

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Parties

S.M.K.

Claimant

R. K.

Respondent

Procedural Posture

Divorce / Reasons for Judgment (trial)

Legal Issues

  1. 1 Whether respondent's consumer proposal debt is a family debt and how to allocate it
  2. 2 Whether Racing Miniatures inventory is a family asset and its valuation/allocation
  3. 3 Whether to impute income to the respondent and at what levels

Ratio Decidendi

The consumer proposal constituted a family debt and was therefore considered in netting assets and debts under s.65(1); the Racing Miniatures inventory was a family asset valued at $25,000 and awarded to the respondent with a credit to the claimant; the respondent was found not intentionally unemployed but his income was imputed at reduced levels for specified periods; child support arrears roughly offset and none awarded; claimant must pay guideline child support ($226/month) and spousal support ($178/month) to respondent from May 1, 2014 to October 31, 2015; s.7 horseback riding expenses denied and s.7 fixed at $2,000 for trial date to Oct 31, 2015 with respondent responsible for $1,000...

Court Disposition

Judgment for divorce granted; mixed orders on property, support, parenting and expenses as detailed below

Orders

  • Divorce granted to take effect 31 days from date of judgment
  • Imputed incomes: claimant 2011 $35,000; 2012-2014 $48,000; from 2015 $48,000 annually