S.L.D. v. W.A.D.

S.L.D. v. W.A.D.

Court determined respondent's Guidelines income for 2016-2018 after accepting accounting expert evidence with adjustments: deducted respondent's 50% share of corporate mortgage principal repayments ($156,000/year) as necessary to sustain the income-producing company and therefore not available for support; added back certain non-cash and personal corporate charges (50% Line-Travel write-off for 2018 $110,701; grossed-up personal legal fees $69,721; rental item $4,481; grossed-up dental $41,000); concluded no material change in respondent's income sufficient to vary existing spousal support order; imputed claimant income $40,000 per year commencing 2019 for spousal support effective June...

Citation
2020 BCSC 690
Parties
Claimant: S.L.D.; Respondent: W.A.D.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 May 2020
Procedural Posture
Divorce/family Law Support Variation / Applications to Review and Vary Child and Spousal Support (review/variation Hearing)
Outcome
Child support varied retroactively by year; applications to vary spousal support dismissed for respondent; claimant's imputed income increased for spousal support purposes.
Legal Topics
Variation of Support, Guidelines Income Determination, Imputation of Income, Corporate Income Attribution, Treatment of Mortgage Principal in Support Calculations, Financial Disclosure
Source Language
English
Family Law Child Support Spousal Support Corporate/commercial Law Variation of Support Guidelines Income Determination Imputation of Income Corporate Income Attribution +2 more

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Parties

S.L.D.

Claimant

W.A.D.

Respondent

Procedural Posture

Divorce/family Law Support Variation / Applications to Review and Vary Child and Spousal Support (review/variation Hearing)

Legal Issues

  1. 1 Whether there is a contractual/review mechanism permitting annual judicial review of spousal support or whether spousal support may be varied only on material change in circumstances
  2. 2 Determination of respondent's Guidelines income including whether to include pre-tax corporate earnings of related corporations
  3. 3 Whether principal repayments on a mortgage of an income-producing corporate property are money available for support

Ratio Decidendi

Court determined respondent's Guidelines income for 2016-2018 after accepting accounting expert evidence with adjustments: deducted respondent's 50% share of corporate mortgage principal repayments ($156,000/year) as necessary to sustain the income-producing company and therefore not available for support; added back certain non-cash and personal corporate charges (50% Line-Travel write-off for 2018 $110,701; grossed-up personal legal fees $69,721; rental item $4,481; grossed-up dental $41,000); concluded no material change in respondent's income sufficient to vary existing spousal support order; imputed claimant income $40,000 per year commencing 2019 for spousal support effective June...

Court Disposition

Child support varied retroactively by year; applications to vary spousal support dismissed for respondent; claimant's imputed income increased for spousal support purposes.

Orders

  • Commencing June 1, 2017 respondent shall pay child support $6,452 per month
  • Commencing June 1, 2018 respondent shall pay child support $8,816 per month