Kammerer v. Kammerer

Kammerer v. Kammerer

Claimant entitled to both compensatory and non-compensatory spousal support; retroactive support ordered from August 1, 2019 to Feb 2024 as a lump sum of $44,517 (after 35% tax adjustment) payable immediately; prospective support ordered at $3,242 per month commencing March 1, 2024 for an indefinite period;...

Source-derived case information.

Citation
2024 BCSC 1838
Parties
Claimant: Christine Joan Kammerer also known as Christine Joan Graham; Respondent: Rusty Malcolm Kammerer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 October 2024
Procedural Posture
Family Law Spousal Support / Trial Judgment (reasons for Judgment)
Outcome
Judgment for claimant awarding retroactive and prospective spousal support
Legal Topics
Compensatory Spousal Support, Non Compensatory Spousal Support, Retroactive Support, Spousal Support Advisory Guidelines, Disclosure Obligations, Credibility Findings, Tax Adjustment on Lump Sum
Source Language
english
Family Law Spousal Support Procedural Law Evidence Compensatory Spousal Support Non Compensatory Spousal Support Retroactive Support Spousal Support Advisory Guidelines +3 more

Source-derived case record

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Parties

Christine Joan Kammerer also known as Christine Joan Graham

Claimant

Rusty Malcolm Kammerer

Respondent

Procedural Posture

Family Law Spousal Support / Trial Judgment (reasons for 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 grounds
  3. 3 Whether retroactive support should be awarded and from what date

Ratio Decidendi

Claimant entitled to both compensatory and non-compensatory spousal support; retroactive support ordered from August 1, 2019 to Feb 2024 as a lump sum of $44,517 (after 35% tax adjustment) payable immediately; prospective support ordered at $3,242 per month commencing March 1, 2024 for an indefinite period; respondent's disclosure failures and financial capacity supported award and denied hardship defense.

Court Disposition

Judgment for claimant awarding retroactive and prospective spousal support

Orders

  • Rusty Malcolm Kammerer is a resident of British Columbia and has a gross annual income of $110000.
  • Christine Joan Kammerer also known as Christine Joan Graham is a resident of British Columbia and has a gross annual income of $30000.