Werner v. Werner

Werner v. Werner

Court found respondent intentionally secreted and diverted matrimonial assets, that certain foreign and domestic accounts and transfers constituted assets available for division, imputed income of $70,000 per year to respondent for child support purposes (resulting in $592/month retroactive to date of filing of...

Source-derived case information.

Citation
2012 NSSC 230
Parties
Petitioner: Yvonne Werner; Respondent: Thomas Rolf Werner
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 June 2012
Procedural Posture
Divorce Matrimonial Property and Child Support / Trial Decision
Outcome
Judgment for Petitioner: court attributed income to respondent, ordered child support, awarded lump sum spousal support and costs, characterized contested funds as matrimonial assets, ordered return of certain property and procedures for recovery of vehicle and appraisal adjustments.
Legal Topics
Division of Matrimonial Assets, Spousal Maintenance (lump Sum), Child Support Calculation and Imputed Income, Asset Concealment and Sham Trust Characterization, Return of Personal Property, Costs, Credibility and Misconduct, International Asset Transfers
Source Language
english
Family Law Matrimonial Property Child Support Spousal Support Child Custody Enforcement Division of Matrimonial Assets Spousal Maintenance (lump Sum) +6 more

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Summary, issues, holding and outcome

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Parties

Yvonne Werner

Petitioner

Thomas Rolf Werner

Respondent

Procedural Posture

Divorce Matrimonial Property and Child Support / Trial Decision

Legal Issues

  1. 1 Whether respondent concealed and secreted matrimonial assets and whether those assets are divisible as matrimonial assets
  2. 2 Whether respondent should be attributed income for child support purposes and the amount
  3. 3 Whether petitioner is entitled to spousal support and in what form/amount

Ratio Decidendi

Court found respondent intentionally secreted and diverted matrimonial assets, that certain foreign and domestic accounts and transfers constituted assets available for division, imputed income of $70,000 per year to respondent for child support purposes (resulting in $592/month retroactive to date of filing of divorce order), characterized the contested accounts as matrimonial assets rather than a valid trust for the son, awarded a lump sum spousal maintenance of $125,000 payable from matrimonial assets, ordered return of specific personal property and vehicle subject to stipulated procedure, and awarded costs of $10,000 to petitioner.

Court Disposition

Judgment for Petitioner: court attributed income to respondent, ordered child support, awarded lump sum spousal support and costs, characterized contested funds as matrimonial assets, ordered return of certain property and procedures for recovery of vehicle and appraisal adjustments.

Orders

  • Respondent attributed income of $70,000 per year for child support calculation
  • Respondent to pay child support of $592.00 per month, payable from the date of filing of the divorce order