Goodhew v. Summers

Goodhew v. Summers

Because the claimant repeatedly failed to comply with multiple disclosure orders and provided inadequate financial records, the court drew an adverse inference and imputed Guidelines income to the claimant for 2012-2022 and adjusted the respondent's income for imputed rental and under-employment years; using those imputed incomes the court calculated set-off child support, ordered specified retroactive payments, set aside FMEP arrears, and ordered proportionate sharing of s.7 expenses including private school and college costs, with ongoing disclosure obligations and annual income exchange.

Citation
2022 BCSC 1080
Parties
Claimant: Kent Leonard David Goodhew; Respondent: Ruth Summers
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 June 2022
Procedural Posture
Family Law Child Support and S.7 Expenses / Trial (reasons for Judgment Issued)
Outcome
Judgment apportions incomes by imputation, orders retroactive child support both ways, cancels FMEP arrears, apportions s.7 expenses and directs ongoing disclosure and exchange of financial information; court remains seized for clarification.
Legal Topics
Income Imputation, Section 7 Expenses, Retroactive Child Support, FMEP Enforcement, Non Disclosure Sanctions
Source Language
English
Family Law Child Support Disclosure and Discovery Family Law Act / Guidelines Interpretation Income Imputation Section 7 Expenses Retroactive Child Support FMEP Enforcement +1 more

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Parties

Kent Leonard David Goodhew

Claimant

Ruth Summers

Respondent

Procedural Posture

Family Law Child Support and S.7 Expenses / Trial (reasons for Judgment Issued)

Legal Issues

  1. 1 Determine parties' Federal Child Support Guidelines incomes for 2012-2022
  2. 2 Whether to impute income to claimant for chronic non-disclosure
  3. 3 Quantify retroactive child support and appropriate dates of retroactivity

Ratio Decidendi

Because the claimant repeatedly failed to comply with multiple disclosure orders and provided inadequate financial records, the court drew an adverse inference and imputed Guidelines income to the claimant for 2012-2022 and adjusted the respondent's income for imputed rental and under-employment years; using those imputed incomes the court calculated set-off child support, ordered specified retroactive payments, set aside FMEP arrears, and ordered proportionate sharing of s.7 expenses including private school and college costs, with ongoing disclosure obligations and annual income exchange.

Court Disposition

Judgment apportions incomes by imputation, orders retroactive child support both ways, cancels FMEP arrears, apportions s.7 expenses and directs ongoing disclosure and exchange of financial information; court remains seized for clarification.

Orders

  • Impute Guidelines income to Claimant Kent Goodhew: 2012 $80,000; 2013 $80,000; 2014 $100,000; 2015 $100,000; 2016 $120,000; 2017 $120,000; 2018 $120,000; 2019 $120,000; 2020 $70,000; 2021 $70,000; 2022 $70,000.
  • Impute to Respondent Ruth Summers $10,000 per year rental income for 2013-2018 and impute income for under-employment such that Guidelines income is: 2012 $115,591; 2013 $90,309; 2014 $240,117; 2015 $281,477; 2016 $145,549; 2017 $73,500; 2018 $63,500; 2019 $68,051; 2020 $63,500; 2021 $63,500; 2022 $70,000.