Gray v. Gray

Gray v. Gray

The motion judge erred in principle and fact in fixing spousal support at $800/month indexed; the appellant is entitled to both needs-based and compensatory support; the SSAG should be applied using corrected incomes (recipient ~$33,500, payor $169,500 including predictable bonus) yielding a SSAG range of approximately $2,720–$3,627/month; considering second‑family responsibilities and other factors the proper award is $2,720/month indexed, effective May 1, 2012, with arrears from that date credited for interim payments, indefinite duration subject to variation on material change; child support termination findings and calculated overpayment remain undisturbed except as to interaction...

Citation
2014 ONCA 659
Parties
Applicant (respondent in Appeal): James David Gray; Respondent (appellant in Appeal): Kathleen Janet Gray
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
25 September 2014
Procedural Posture
Family / Appeal From Superior Court Motion Judge Decision on Motion to Change (spousal and Child Support)
Outcome
Appeal allowed in part; order varied
Legal Topics
Variation of Support, Retroactive Support, Compensatory Support, Needs Based Support, Income Imputation and Calculation, Arrears and Set Off, Review/variation on Material Change
Source Language
English
Family Law Spousal Support Child Support Divorce Act Interpretation Application of Spousal Support Advisory Guidelines Variation of Support Retroactive Support Compensatory Support +4 more

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Parties

James David Gray

Applicant (respondent in Appeal)

Kathleen Janet Gray

Respondent (appellant in Appeal)

Procedural Posture

Family / Appeal From Superior Court Motion Judge Decision on Motion to Change (spousal and Child Support)

Legal Issues

  1. 1 Whether the motion judge erred in continuing spousal support at $800 per month indexed
  2. 2 Whether the appellant is entitled to spousal support on a needs and/or compensatory basis
  3. 3 Whether the Spousal Support Advisory Guidelines (SSAG) should have been applied and how to calculate income for SSAG purposes (including payor's bonus and recipient's inclusion of prior spousal support in income)

Ratio Decidendi

The motion judge erred in principle and fact in fixing spousal support at $800/month indexed; the appellant is entitled to both needs-based and compensatory support; the SSAG should be applied using corrected incomes (recipient ~$33,500, payor $169,500 including predictable bonus) yielding a SSAG range of approximately $2,720–$3,627/month; considering second‑family responsibilities and other factors the proper award is $2,720/month indexed, effective May 1, 2012, with arrears from that date credited for interim payments, indefinite duration subject to variation on material change; child support termination findings and calculated overpayment remain undisturbed except as to interaction...

Court Disposition

Appeal allowed in part; order varied

Orders

  • Respondent (Mr. Gray) shall pay spousal support to appellant (Ms. Gray) in the amount of $2,720 per month, indexed annually in accordance with s.34(5) of the Family Law Act.
  • Spousal support of $2,720 per month is effective as of May 1, 2012; Mr. Gray shall pay arrears from May 1, 2012 to the date of this judgment but shall receive credit for any payments made pursuant to the interim order of Herold J. or the motion judge's final order.