Ford v. Ford

Ford v. Ford

Court excluded Mr. Ford's pension income from the ongoing spousal support calculation because the pension had been equalized to Ms. Ford and she possessed a substantial locked-in RRSP that is growing; absent evidence she cannot meet needs from those equalized assets or convert them into income, including the pension...

Source-derived case information.

Citation
2014 BCSC 1409
Parties
Claimant: Patricia Colleen Ford; Respondent: Richard John Ford
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 July 2014
Procedural Posture
Divorce Spousal Support Variation / Application to Vary Final Order (in Chambers)
Outcome
Application partially granted: pension excluded from income for support calculation; spousal support reduced and made retroactive; other procedural directions ordered.
Legal Topics
Variation of Support Order, Double Dipping, Division of Pension Assets, Retroactive Support, Locked in RRSP
Source Language
english
Family Law Divorce Spousal Support Pensions Disability Benefits Variation of Support Order Double Dipping Division of Pension Assets +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patricia Colleen Ford

Claimant

Richard John Ford

Respondent

Procedural Posture

Divorce Spousal Support Variation / Application to Vary Final Order (in Chambers)

Legal Issues

  1. 1 Whether pension income already equalized should be included in spousal support calculations
  2. 2 Whether discharge from the Canadian Armed Forces constituted a material change warranting variation
  3. 3 Whether inclusion of equalized pension income results in impermissible double-dipping

Ratio Decidendi

Court excluded Mr. Ford's pension income from the ongoing spousal support calculation because the pension had been equalized to Ms. Ford and she possessed a substantial locked-in RRSP that is growing; absent evidence she cannot meet needs from those equalized assets or convert them into income, including the pension would constitute impermissible re-division and impede fairness. The court reduced ongoing spousal support to $1,749 monthly and made it retroactive to March 1, 2014, while counting Mr. Ford's disability incomes toward support.

Court Disposition

Application partially granted: pension excluded from income for support calculation; spousal support reduced and made retroactive; other procedural directions ordered.

Orders

  • Respondent shall pay ongoing spousal support of $1,749.00 per month.
  • Spousal support payments to be retroactive to March 1, 2014.