Chalmers v. Chalmers

Chalmers v. Chalmers

The court held there was a material change in circumstances (full retirement, reduced income and health issues) and excluded from the payor's income the portion of pension and CPP attributable to the 1994 equalization (notionally 41% via Rutherford), imputed $8,000 annual income to the payee from her RRSPs, found the payor retained an ability to pay and accordingly reduced spousal support to $1,050 per month effective May 1, 2009.

Citation
2009 BCSC 517
Parties
Petitioner: Dianna Rose Chalmers; Respondent: William Hugh Chalmers
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 April 2009
Procedural Posture
Divorce Act Variation (spousal Support) / Application to Vary Spousal Support Under S.17
Outcome
Spousal support variation granted in part; monthly support reduced.
Legal Topics
Variation of Support, Material Change in Circumstances, Double Recovery (double Dipping), Imputation of Income, Rutherford Formula, Retirement Income
Source Language
English
Family Law Spousal Support Property Division Pensions Variation of Support Material Change in Circumstances Double Recovery (double Dipping) Imputation of Income +2 more

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Parties

Dianna Rose Chalmers

Petitioner

William Hugh Chalmers

Respondent

Procedural Posture

Divorce Act Variation (spousal Support) / Application to Vary Spousal Support Under S.17

Legal Issues

  1. 1 Whether there has been a material change in circumstances to justify variation of spousal support
  2. 2 Whether retirement and reduced income by the payor was foreseeable and thus non‑material
  3. 3 Whether income from pension and CPP that were previously divided should be excluded from payor's income (double dipping)

Ratio Decidendi

The court held there was a material change in circumstances (full retirement, reduced income and health issues) and excluded from the payor's income the portion of pension and CPP attributable to the 1994 equalization (notionally 41% via Rutherford), imputed $8,000 annual income to the payee from her RRSPs, found the payor retained an ability to pay and accordingly reduced spousal support to $1,050 per month effective May 1, 2009.

Court Disposition

Spousal support variation granted in part; monthly support reduced.

Orders

  • Spousal support fixed at $1,050 per month effective May 1, 2009 and payable on the first day of each month until further order of the court
  • Each party to bear their own costs