Zhang v. Chen

Zhang v. Chen

On the interim application the Court found a prima facie entitlement to support, concluded the respondent's claimed $155,555 income was objectively inconsistent with the parties' pre‑separation lifestyle and available evidence, imputed the respondent's income at $1,000,000 and the claimant's at $200,000, ordered prospective child support of $16,062 per month from Jan 1, 2023 and mid‑range SSAG spousal support based on those imputed incomes and specified dates, refused retroactive lump sum support, and ordered s.7 expenses to be shared pro rata with respondent paying 83.3% and claimant 16.7%; costs to claimant in the cause.

Citation
2023 BCSC 2206
Parties
Claimant: Nina Zhang; Respondent: Wei Chen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 December 2023
Procedural Posture
Family Law Interim Support (child and Spousal) / Interim Application Decision (master's Reasons)
Outcome
Application granted in part and dismissed in part: incomes imputed and prospective support ordered; retroactive support denied; other relief adjourned; costs to claimant.
Legal Topics
Interim Support, Imputation of Income, Enforceability of Foreign Agreement, Property Division, Section 7 Expenses, Forum Shopping
Source Language
English
Family Law Child Support Spousal Support Interim Relief Trusts/property Jurisdiction Interim Support Imputation of Income +4 more

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Parties

Nina Zhang

Claimant

Wei Chen

Respondent

Procedural Posture

Family Law Interim Support (child and Spousal) / Interim Application Decision (master's Reasons)

Legal Issues

  1. 1 Entitlement to interim spousal and child support
  2. 2 Whether respondent's income should be imputed and at what level
  3. 3 Whether the 2016 Agreement can be relied on for interim quantification

Ratio Decidendi

On the interim application the Court found a prima facie entitlement to support, concluded the respondent's claimed $155,555 income was objectively inconsistent with the parties' pre‑separation lifestyle and available evidence, imputed the respondent's income at $1,000,000 and the claimant's at $200,000, ordered prospective child support of $16,062 per month from Jan 1, 2023 and mid‑range SSAG spousal support based on those imputed incomes and specified dates, refused retroactive lump sum support, and ordered s.7 expenses to be shared pro rata with respondent paying 83.3% and claimant 16.7%; costs to claimant in the cause.

Court Disposition

Application granted in part and dismissed in part: incomes imputed and prospective support ordered; retroactive support denied; other relief adjourned; costs to claimant.

Orders

  • On an interim and without prejudice basis respondent's income imputed at $1,000,000 and claimant's income imputed at $200,000.
  • Prospective support effective January 1, 2023: child support in the amount of $16,062 per month under the Guidelines.