K.S.F. v. S.M.F.

K.S.F. v. S.M.F.

The court normalized AGB income and imputed the husband's Guidelines incomes at $134,795 (2006), $107,000 (2007), $100,000 (2008), $100,000 (2009) and $54,580 (2010, subject to review); imputed the wife's income at $32,000 effective January 1, 2009; awarded retroactive child support of $4,000 (balance of arrears...

Source-derived case information.

Citation
2011 BCSC 1563
Parties
Claimant: K.S.F.; Respondent: S.M.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 November 2011
Procedural Posture
Family Law Spousal and Child Support and Division of Family Assets / Trial Judgment (reasons for Judgment)
Outcome
Judgment in favour of the wife in part: income imputed as found; retroactive child support awarded in limited amount; spousal arrears awarded; prospective spousal support ordered until Jan 1, 2014; special costs denied but party-and-party costs awarded to wife.
Legal Topics
Retroactive Child Support, Retroactive Spousal Support, Prospective Spousal Support, Imputation of Income, Normalization of Corporate Income, Special Costs, Guidelines Income Determination
Source Language
english
Family Law Child Support Spousal Support Property Division Costs Income Attribution/corporate Finance Retroactive Child Support Retroactive Spousal Support +5 more

Source-derived case record

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Parties

K.S.F.

Claimant

S.M.F.

Respondent

Procedural Posture

Family Law Spousal and Child Support and Division of Family Assets / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 What the husband's total annual income for Guidelines purposes should be (normalizing AGB income and adding back pre-tax corporate income)
  2. 2 Whether and how much income should be imputed to the wife
  3. 3 Whether retroactive child support should be ordered for Dec 2006–Feb/Mar 2008 and in what amount

Ratio Decidendi

The court normalized AGB income and imputed the husband's Guidelines incomes at $134,795 (2006), $107,000 (2007), $100,000 (2008), $100,000 (2009) and $54,580 (2010, subject to review); imputed the wife's income at $32,000 effective January 1, 2009; awarded retroactive child support of $4,000 (balance of arrears cancelled), calculated Guidelines spousal arrears of $118,584 with credits of $37,050 and ordered the husband pay $81,534 in spousal arrears; ordered prospective spousal support with termination January 1, 2014 and set precise normalization/accounting rules for future annual income calculations; denied special costs but awarded Scale B party-and-party costs to the wife.

Court Disposition

Judgment in favour of the wife in part: income imputed as found; retroactive child support awarded in limited amount; spousal arrears awarded; prospective spousal support ordered until Jan 1, 2014; special costs denied but party-and-party costs awarded to wife.

Orders

  • Wife to be paid one-half of agreed AGB fair market value (half of $90,000 = $45,000); $42,177.02 held in trust ordered paid to wife as partial satisfaction (leaving $23,911.49 owing to her for AGB share)
  • Husband ordered to pay retroactive child support to the wife in the sum of $4,000 payable either lump sum or in 16 monthly installments of $250