Y.M.F. v. R.V.F.

Y.M.F. v. R.V.F.

The court imputed the respondent's Guidelines income at $739,490 for support purposes from 2021 onward (actual 2020 income used of $727,815 for July–December 2020) and imputed the claimant's income at $64,000 per year (employment $44,000 plus imputed investment $20,000). Child support: respondent owed $7,984/month for B. and C. for July–Dec 2020, $8,122/month from Jan 1 2021 for B. and C., and $5,347/month for C. from Sept 1 2021 (with Table Model continuing for C. until 19 or while residing with parties; B. moved to University Model when living away). Parties share s.7 expenses 50/50 through May 2022, thereafter on an income-proportionate basis (respondent 70%, claimant 30%). Spousal...

Citation
2022 BCSC 699
Parties
Claimant: Y.M.F.; Respondent: R.V.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 May 2022
Procedural Posture
Review of Child and Spousal Support (divorce Act) / Reasons for Judgment (support Review)
Outcome
Review granted in part: incomes imputed and child and spousal support recalculated; ancillary applications to change reconciliation procedure, payment method and support security dismissed; parties bear their own costs.
Legal Topics
Income Imputation, Child Support Model (table Vs University), Section 7 Expenses, Spousal Support Advisory Guidelines, Shared Custody, Scope of Review, Security for Support
Source Language
English
Family Law Child Support Spousal Support Divorce Income Imputation Child Support Model (table Vs University) Section 7 Expenses Spousal Support Advisory Guidelines +3 more

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Parties

Y.M.F.

Claimant

R.V.F.

Respondent

Procedural Posture

Review of Child and Spousal Support (divorce Act) / Reasons for Judgment (support Review)

Legal Issues

  1. 1 Proper income to attribute to respondent for support purposes
  2. 2 Whether and how to impute income to the claimant (employment and investment)
  3. 3 Appropriate child support model for each child (Table Model v University Model)

Ratio Decidendi

The court imputed the respondent's Guidelines income at $739,490 for support purposes from 2021 onward (actual 2020 income used of $727,815 for July–December 2020) and imputed the claimant's income at $64,000 per year (employment $44,000 plus imputed investment $20,000). Child support: respondent owed $7,984/month for B. and C. for July–Dec 2020, $8,122/month from Jan 1 2021 for B. and C., and $5,347/month for C. from Sept 1 2021 (with Table Model continuing for C. until 19 or while residing with parties; B. moved to University Model when living away). Parties share s.7 expenses 50/50 through May 2022, thereafter on an income-proportionate basis (respondent 70%, claimant 30%). Spousal...

Court Disposition

Review granted in part: incomes imputed and child and spousal support recalculated; ancillary applications to change reconciliation procedure, payment method and support security dismissed; parties bear their own costs.

Orders

  • Impute respondent Guidelines income at $739,490 per year from 2021 onward; use respondent actual Guidelines income $727,815 for July 1–Dec 31, 2020
  • Impute claimant Guidelines income at $64,000 per year from Review Date onward