N.C.M. v. S.H.P.

N.C.M. v. S.H.P.

The court imputed the mother's Guideline income because her declared income and deductions did not reflect her earning capacity and included unreasonable business deductions and nondisclosure; the mother's Guideline income was imputed at $125,000 for the period December 1, 2021 to December 31, 2023 (with 2024 income...

Source-derived case information.

Citation
2024 BCSC 2426
Parties
Claimant: N.C.M.; Respondent: S.H.P.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 December 2024
Procedural Posture
Family Law Child and Spousal Support / Interim Hearing for Income Assessment and Spousal Support (oral Reasons)
Outcome
Interim orders: mother's Guideline income imputed and retroactive child support ordered; father's Guideline income set at reported line 150/15000; spousal support varied and terminated at a future date.
Legal Topics
Federal Child Support Guidelines, Retroactive Child Support, Imputation of Income, Spousal Support Advisory Guidelines, Family Law Act Ss.160 162
Source Language
english
Family Law Child Support Spousal Support Income Imputation Federal Child Support Guidelines Retroactive Child Support Imputation of Income Spousal Support Advisory Guidelines +1 more

Source-derived case record

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Parties

N.C.M.

Claimant

S.H.P.

Respondent

Procedural Posture

Family Law Child and Spousal Support / Interim Hearing for Income Assessment and Spousal Support (oral Reasons)

Legal Issues

  1. 1 Whether to impute income to the mother for Guideline child support purposes
  2. 2 Quantum and retroactivity of child support (from December 1, 2021)
  3. 3 Appropriate assessment of the father's Guideline income

Ratio Decidendi

The court imputed the mother's Guideline income because her declared income and deductions did not reflect her earning capacity and included unreasonable business deductions and nondisclosure; the mother's Guideline income was imputed at $125,000 for the period December 1, 2021 to December 31, 2023 (with 2024 income to be imputed at the greater of line 15000 or a 30‑hour/week rate), the father's Guideline income is the line 150/15000 amount (with no attribution above the $150,000 table amount), retroactive child support from December 1, 2021 is warranted under D.B.S. factors, and spousal support is adjusted effective April 1, 2022 and set at the mid‑range of SSAG until termination on...

Court Disposition

Interim orders: mother's Guideline income imputed and retroactive child support ordered; father's Guideline income set at reported line 150/15000; spousal support varied and terminated at a future date.

Orders

  • Mother's Guideline income imputed at $125,000 for the period December 1, 2021 to December 31, 2023
  • Mother's 2024 Guideline income to be imputed at the greater of her line 15000 income or 2024 hourly rate × 30 hours/week for 46 weeks, minus reasonable Guideline deductions