S.O. v. C.S.O.

S.O. v. C.S.O.

Given imminent trial (two months), unresolved credibility on incomes and expenses, and the discretion permitted where income exceeds the SSAG ceiling, the court declined strict application of SSAG range and ordered interim spousal maintenance of $25,000 per month and interim child support of $8,647 per month based on the 2007 income assumption of $1,091,687, retroactive to December 1, 2007, with credit for payments made since that date; each party to bear their own costs.

Citation
2008 BCSC 283
Parties
Plaintiff: S.O.; Defendant: C.S.O.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 March 2008
Procedural Posture
Divorce / Family Law Interim Support Application / Interim Application for Child and Spousal Support (pre Trial)
Outcome
Interim spousal and child support ordered; retroactive support awarded; each party to bear own costs
Legal Topics
Interim Support, Spousal Support Advisory Guidelines, Child Support Guidelines, Retroactive Support, Credibility and Income Determination
Source Language
English
Family Law Divorce Spousal Support Child Support Interim Support Spousal Support Advisory Guidelines Child Support Guidelines Retroactive Support +1 more

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Parties

S.O.

Plaintiff

C.S.O.

Defendant

Procedural Posture

Divorce / Family Law Interim Support Application / Interim Application for Child and Spousal Support (pre Trial)

Legal Issues

  1. 1 Whether interim spousal support should be ordered and in what amount
  2. 2 Whether interim child support should be ordered and in what amount
  3. 3 Whether SSAG should be applied or displaced given high income and exceptional circumstances

Ratio Decidendi

Given imminent trial (two months), unresolved credibility on incomes and expenses, and the discretion permitted where income exceeds the SSAG ceiling, the court declined strict application of SSAG range and ordered interim spousal maintenance of $25,000 per month and interim child support of $8,647 per month based on the 2007 income assumption of $1,091,687, retroactive to December 1, 2007, with credit for payments made since that date; each party to bear their own costs.

Court Disposition

Interim spousal and child support ordered; retroactive support awarded; each party to bear own costs

Orders

  • Interim spousal maintenance ordered at $25000 per month until trial or further order
  • Interim child support ordered at $8647 per month (table amount based on $1,091,687 income)