SPOUSAL SUPPORT ADVISORY GUIDELINES
CASE SUMMARIES
[Updated to January 30, 2007]
[This update covers new cases decided since our last update, Carol Rogerson and Rollie Thompson, "The Advisory Guidelines 20 Months Later", October 5, 2006” that is found on the SSAG website at http://www.law.utoronto.ca/faculty/rogerson/ssag.html ]
A. Appellate Decisions
Narayan v. Narayan, [2006] B.C.J. No. 3178, 2006 BCCA 561 (Prowse J.A.)
Married 18 years, husband 45, wife 37, 4 children with wife: 18, 16, 15, 5
Husband earns $58,000 at Shaw Cable, wife earns $28,000 part-time at drugstore
Child support $1,240/mo., but problems of non-payment
Trial judge reapportioned home 100% to wife ($300,000)
Husband got RRSPs (balance after dissipation) and vehicle, 75/25 split over-all
Reapportionment upheld, no spousal support
(Guidelines range: zero to zero)
MacEachern v. MacEachern, [2006] B.C.J. No. 2917, 2006 BCCA 508 (Prowse J.A.)
Married 24 years (26 years total), 1 adult child, husband 58, wife 55 (51 separation)
Separation agreement 2002: $3,500 net of tax spousal support, review clause
Reapportionment of property, 56% to wife
Trial judge ordered spousal support: $1,000/mo. for 2 years, $500/mo. 2 more years, end
Husband earns $114,600 with auctioneer
Wife home, then interior design business, lost husband’s contacts after separation
Wife working retail sales, part-time $9,100, full-time income imputed to $14,700
Guidelines range: $3,123-$4,164, $3,100 ordered, indefinite, no review
Redpath restated
B. The Without Child Support Formula
Rezansoff v. Rezansoff, [2007] S.J. No. 37, 2007 SKQB 32 (Sandomirsky J.)
Married 6 years, second marriage, no children, wife 60, husband 67
Interim spousal support: $1,200/mo. for 16 mos.
2004 trial: $1,100/mo., review in 2 years
Husband seeks termination on review, husband now receives $47,708 in pensions
Wife receives $6,024 pension, unemployable, health problems
Guidelines range: $625-$833, 3 to 6 years, husband paid $13,014 more than maximum
Non-compensatory support, 6 more months, $625/mo., 4 years total duration
Mitrovic v. Mitrovic, [2007] A.J. No. 69, 2007 ABQB 44 (Veit J.)
Married 30 years, 1 adult child 22, special needs, receives AISH $1,000/mo.
Wife 55 (53 separation), could earn $25,000, employed during marriage
Husband’s business income $125,000, no child support
Guidelines range: $3,125-$4,166, $3,125/mo. ordered, indefinite
Low end as husband’s employment expenses, equal division not fair
Kirk v. Kirk, [2007] B.C.J. No. 126, 2007 BCSC 67 (Arnold-Bailey J.)
Married 30 years, 2 adult children, wife 63, husband 66, separated Dec. 1998
Wife worked during marriage, now disabled, $24,250
Interim spousal support (Jan. 2005): $7,000/mo., variation refused Sept. 2005
Husband earned $1,344,669 in 2005 (predicted earlier by him as $237,000)
Predicts $215,518 in 2006
Guidelines “range” for 2005 income: $41,263-$55,017/mo. (!)
$5,977-$7,969/mo. if 2006 estimate, $7,000/mo. within range, no interim variation
Fandrich v. Fandrich, [2007] B.C.J. No. 40, 2007 BCSC 20 (Masuhara J.)
Together 6 ½ years (5 ½ married), husband 67, wife 55 (52 separation)
Husband owner and operator of helicopter co., earns $200,000
Wife Irish doctor, not qualified in Canada, now realtor, $30,000 imputed
Guidelines range: $1,488-$1,983, 3.5 to 7 years ($62,500-$166,500 taxable)
Reapportionment of assets: 25% of Co. to wife, worth $627,500
Lump sum spousal support $40,000
Colquhoun v. Colquhoun, [2007] O.J. No. 9, 2007 CarswellOnt 18 (Whalen J.)
Married 20 years, husband 54, wife 49 (41 separation), no children
Husband’s job ended 2004, running common law wife’s Molly Maid business and rentals
Income imputed of $50,000
Wife personal care worker and rentals, imputed income $20,800
Interim support $1,000/mo., 2 years paid
Guidelines range: $730-$973, indefinite
Final order $1,000/mo., leaves husband 52.6% net income, wife 47.4%
C.E.H. v. D.W.S., [2007] N.S.J. No. 7, 2007 NSFC 1 (Comeau C.J.F.C.)
Together 15 years (3 married), no children
Husband earns $59,061 for municipality, wife employment insurance $4,785
Both involved in losing property rental business, wife as manager
2004 consent order: $1,200/mo. indefinite, review 2 years later
Agreement so Advisory Guidelines not used, $1,200 continued
Guidelines would reduce amount (?) [but range $1,018-$1,357 estimated]
Main v. Main, [2006] B.C.J. No. 3256, 2006 BCSC 1876 (Master Keighley)
Married 36 years, 2 adult children, husband 59, wife 58
Wife unemployed, ischemic disease, $28,990 disability/CPP
Husband millwright, earns $89,000, wishes to retire (pension $26,238)
Interim support, Guidelines range: $1,250-$1,667/mo.
Mid-point $1,458 leaves husband with $230 net more per month
Williston v. Williston, [2006] B.C.J. No. 3248, 2006 BCSC 1869 (Rogers J.)
Together 7 years (married 6), 2nd marriage, husband 48, wife 47
Husband pays child support of $300/mo. for 2 17-year-olds from 1st marriage
Wife permanently disabled throughout marriage, social assistance now $856/mo.
Husband earns $66,000 as travelling salesman
Interim support $1,500/mo. since Dec. 2005, entitlement admitted
Family property divided equally
Guidelines range: $578-$770, 3 ½ to 7 years
Disability exception recognized, upper end ordered $800/mo.
Duration: not permanent, given short relationship, 8 years (i.e. 7 more)
Saugestad v. Saugestad, [2006] B.C.J. No. 3206, 2006 BCSC 1839 (Russell J.)
Wills variation case, together 12 years (married 11)
2 children of 1st marriage 30 and 29, 1st wife deceased
Husband shipbroker, wife realtor when met, assets of her own, 59 now
Retirement incomes: husband $107,000, wife $63,500
Entitled to support, Guidelines range: $700-$900/mo.
Husband left $900,000 to wife, $50,000 more than notional division of assets
Wife awarded life interest in condo, generates rental income, no amount specified
Not required to pay back $29,000 owing to estate
Eastwood v. Eastwood, 2006 CarswellNB 655, 2006 NBQB 413 (Clendening J.)
Married 25 years, wife 51, husband 48, no children
Interim interim support $500/mo., then interim support $775 (June 2006)
Husband insurance appraiser, moved to Toronto, earns $60,000
Wife earns $30,773, incomes similar until 2002 then his increased
Wife requesting $900/mo. based on Guidelines [range $911-$1,216]
But both worked, no hardship, equal assets, wife self-sufficient
No entitlement and hence Guidelines no application, arrears to be paid
Gross v. Gross, 2006 CarswellNWT 80, 2006 NWTSC 66 (Charbonneau J.)
Married 6 years, separated 2000
Husband’s child of previous relationship, 9 when married, now 21
Wife immigrant from Moldova, pianist and music teacher, moved to NWT
Now suffering from schizophrenia, treatment, at best part-time employment
Wife on social assistance, property divided equally, seeks $2,500/mo. support
Husband earns $83,758
Non-compensatory support, indefinite given illness
Guidelines not helpful, “unique” case, $900/mo. ordered
[Range $628-$837, no reference to disability exception]
Y.L. v. G.Q., [2006] B.C.J. No. 3087, 2006 BCSC 1774 (Shabbits J.)
Married 9 years, 1 child 8 with husband
Wife returned to China, mental illness, unable to work, no income
Husband earns $70,000 in business
Fall 2004 interim lump sum $9,000 (6 x $1,500)
Guidelines used, 1.75% x 8 years 91/2 mos., $900/mo., again interim
[Custodial payor should have been used, range $646-$861]
Munro v. Munro, [2006] B.C.J. No. 3069, 2006 BCSC 1758 (Brine J.)
Married 18 years, 2 adult children, husband 43, wife 54 (49 separation)
Husband earns $149,600 as criminal lawyer
Wife bookkeeper for husband, earned $36,000
Now reflexologist/electrolysis, $24,000 imputed, vs. $7,800 earned, insufficient effort
Interim: 2001-02, $1,700/mo. for 21 mos., 2003 $4,000 for 12 mos., 2004-06 $2,500/mo.
Guidelines range: $2,826-$3,768, but $1,200/mo. ordered, indefinite
Reapportionment: husband debt of $50,000, wife assets of $120,000
Husband had custody of children after separation, no support from wife
Husband now remarried and 2 young children
Tsurugida v. Romero, [2006] B.C.J. No. 3067, 2006 BCSC 1754 (Kelleher J.)
Married 21 years, 3 children 22, 20 and 18, husband 44, wife 47 (45 separation)
Husband mining co. CEO/shareholder, earns $283,000
Wife earns $48,000 investments, $12,000 imputed minimum wage employment, $60,000
Property divided equally, shares in trust to fund children’s education
Interim spousal support $8,800, then $8,000/mo.
Range stated as $5,700 to $7,600, $6,800/mo. ordered, indefinite, no review
Soper v. Soper, 2006 CarswellOnt 7496 (Matheson J.)
Together 24 years (married 20), 1 adult child 23
Husband at Inco, earns $83,862, wife day care worker $15,205
Interim support $1,000/mo. (Sept. 2003), $1,500/mo. (June 2006)
Guidelines considered, support $1,800/mo., indefinite
[Range $2,060-$2,746, but if only 20 years used, $1,716-$2,288]
E.K.G.D. v. L.W.P., [2006] B.C.J. No. 3002, 2006 BCSC 1721 (Dillon J.)
Lived together 21 years, since wife was 18, wife 42, husband 51
Wife reeducated, nurse (1991), earns $63,000 gross, $52,928 net
Husband cargo surveyor, returned to university for B.Sc.
Now disabled, receives $36,000/yr. tax-free, depression
Constructive trust, half of assets to wife
Spousal support for husband, $500/mo. for 2 years
Range $533-$711, “netted down” as tax-free to husband
Vanden Bos v. Vanden Bos, [2006] B.C.J. No. 3003, 2006 BCSC 1722 (Master Baker)
Married 28 years, 3 adult children, traditional marriage, wife 50 (48 separation)
Husband truck driver, earns $101,300, CCA issues
Wife $650/yr., bookkeeping for husband, at home, CPP disability appeal refused
Range $3,145-$4,194, budgets considered
Interim support $4,300/mo., leaves each with $3,300/mo. net
Slightly out of Guidelines range, but no seriously in conflict
Corney v. Corney, [2006] N.B.J. No. 484, 2006 NBQB 384 (d’Entremont J.)
Married 21 years, second marriage, no children, children of previous relationships
Husband 55, wife 60 (58 separation)
Wife custodian, earns minimum wage $18,000, worked throughout marriage
Husband truck driver, earns $40,000, new partner ($18-$20,000)
Range $578-$770, support of $600/mo., indefinite
Steernberg v. Steernberg Estate, 2006 CarswellBC 2751, 2006 BCSC 1672
(Martinson J.)
Wills variation case, husband 74 at death, wife 52, together 7 years, married 5 1/2
Under prenuptial agreement and will, wife gets 10% of estate, 5 children 18% each
Entitlement to spousal support: wife quit job, moved to husband, caregiver in last years
Entitled to some support, quantum would be determined under Guidelines
Prenuptial agreement fair re property, but not for support
Wife’s share varied to 15%, 5 children 17% each
Smith v. Smith, [2006] B.C.J. No. 2920, 2006 BCSC 1655 (Pitfield J.)
Married 26 years (28 total), 3 adult children, wife 54, husband 67 (64 separation)
Wife teacher, home and part-time when children young, now near full-time, $55,000
Husband mechanic, ferry worker, health problems now, $23,000 OAS/CPP/pension
House on Salt Spring Island reapportioned 2/3 to husband, $200,000 vs. $100,000
Guidelines range: $1,000-$1,333
Lump sum of $25,000 ordered, consistent with Guidelines
Present value of support if paid until wife 65: $105,000-$140,000
Deduct 30 per cent for tax: $70,000-$93,000
Less $50,000 for reapportionment: $20,000-$43,000
Crawford v. Crawford, [2006] B.C.J. No. 2921, 2006 BCSC 1664 (Garson J.)
Together 20 years (married 15), 2 adult children 24 and 21, employed, with mother
Husband 56, wife 57 (48 separation), wife home until 1997
1997 separation agreement: spousal support of $1,100/mo. for 18 mos., then $950
To be reviewed when wife employed, wife employed Dec. 1997, but no application
Wife in motor vehicle accident in 2000, not worked since
Wife now CPP disability, rent and investment income: $21,120
Husband steel fabricator, laid off, work injury, can return to work, $40,000 imputed
Compensatory support, some reduction expected, income now close to when employed
Property reapportionment 62/38 to wife
Guidelines range: $472-$629, order for $400/mo.
Beese v. Beese, [2006] B.C.J. No. 2903, 2006 BCSC 1662 (Goepel J.)
Together 7 years (3 married), no children, husband 48, wife 41 (35 separation)
Husband earns $52,495 as truckdriver, wife earns $35,000 as clerk
Compensation order $175,000 for wife’s use of personal injury settlement to pay off husband’s business loans
Guidelines range: $175-$233, 3 to 7 years
Fully addressed by compensation order, no periodic support
McAuley v. McAuley, [2006] B.C.J. No. 2882, 2006 BCSC 1643 (Bruce J.)
Married 20 years (plus 2 cohabitation), husband 44, wife 50 (48 separation)
Children 19 and 22 (part-time student, working), not children of marriage
Husband earns $76,036 at Toyota, wife earns $28,000 at career college
Range $1,320-$1,760, support of $1,600 compensatory, indefinite
Evans v. Evans, [2006] A.J. No. 1391, 2006 ABQB 800 (Thomas J.)
Married 28 years, 1 adult child, husband 55, wife 50 (48 separation)
Husband Armed Forces firefighter until 1992, many relocations
Husband retrained as licensed practical nurse 1992-93, while wife worked
Husband can earn $65-75,000, near high end
Wife minimum wage employment, back problems, retraining in business course
Wife thinks she might earn $30,000, but court says $18,000 in 2006-07
Interim spousal support $1,250/mo., final order $1,250, review in 1 year
Used Guidelines as “check” [but range $1,725-$2,166, if $70,000 and $18,000]
Fournier v. Burton, [2006] O.J. No. 4084, 2006 CarswellOnt 6201 (S.C.J.) (Smith J.)
Married 20 years, wife 44 (39 separation), 2001 consent order: $1,200/mo., indefinite
Husband applies to vary to terminate or time limit
Wife took courses for Grade 12, community college, but ill with cancer/depression
Change in circumstances, not making $20,000 5 years later, unlike expected
Husband’s income unchanged, $53,100 (estimated as not stated)
Guidelines range: $1,488 - $1,770, higher than order
Order continued, review in 4 years
Fournier v. Fournier, [2006] N.B.J. No. 443, 2006 NBQB 357 (Wooder J.)
Together 10.5 years (8 married), second marriage, wife 48 (45 separation), husband 49
Wife CPP disability, workers comp ($13,680 not taxed, grossed up) $27,792
Marital property divided, both spouses repartnered, no details re partners
Husband earns $81,095 as mechanical engineer
Guidelines range: $700 - $933, 5.25 to 10.5 years
Interim spousal support $1,200, paid for 2 ½ years (above range, reflected in duration)
Non-compensatory support, $815/mo., for 5 more years
Walsh v. Walsh, [2006] N.B.J. No. 441, 2006 NBQB 338 (Wooder J.)
Married 29 years, 3 children (28, 25, 23), wife 50 (48 separation), husband 52
Youngest child (23) with husband, kidney transplant in 1997, finished school
Husband at Canada Post, $48,026, wife convenience store clerk, $13,817
No request for child support, no obligation as no evidence re disability and abilities
Without child support formula used, range: $1,069 - $1,425
Lower end, $1,070/mo., indefinite
Lehtomaa v. Lehtomaa, [2006] O.J. No. 4130 (S.C.J.) (Shaw J.)
Married 40 years, husband 73, wife 65 (63 separation)
Guidelines range: $442 - $590, wife seeks income equalization, $500 spousal support
Equal lifestyles, not incomes, use means and needs
Husband significant medical issues: loss of arm, hip replacement, cancer, cataracts
Uses scooter, his needs greater
Husband’s income $2,828/mo. (OAS, CPP, pension, workers comp)
Wife’s income $1,648 (OAS, CPP, pension)
Interim spousal support: $100/mo. to equalize [disability exception?]
Trewin v. Trewin, [2006] N.B.J. No. 421, 2006 NBQB 341 (Bell J.)
Married 28 years, wife 52, husband 53, 1 child (30), special needs
Husband RCMP officer, 25 years, retired, then N.B. government, now on disability
Wife health problems too, 7 relocations in RCMP, interim support $1,700/mo.
Marital debts exceed assets, wife pays husband $7,218, pensions divided
Wife imputed income of $6,000, husband receives $45,800 (incl. grossed-up benefits)
Range: $1,244 - $1,658
Maximum $1,650 ordered, indefinite, to equalize living standards
Boudreau v. Scaduto, [2006] B.C.J. No. 2187, 2006 BCSC 1348 (Gill J.)
Together 12 ½ years (11 married),
Wife 2 children 12 and 15, $2,400 U.S. child support from father
Wife no income, moved from Maryland to B.C.
Husband teacher, $65,300, debts
Interim spousal support, $1,750/mo., then $2,300 (Dec. 2005)
Spousal support $1,000/mo., 10 more months (23 total)
Guidelines not argued, reference made to compensatory exception
Kerr v. Magnan, [2006] O.J. No. 4127 (S.C.J.) (Platana J.)
Married 39 years, wife retired (June/06), husband already retired
No spousal support in 2004 divorce
Guidelines not of assistance where low incomes, needs and means used
Husband’s “net”: $2,450/mo., wife’s “net”: $1,329/mo.
[Grossed up $38,500 vs. $19,000, range $409-$812]
Interim spousal support $300/mo.
Elezam v. Ireland, [2006] A.J. No. 1374, 2006 ABPC 230 (Norheim Prov.Ct.J.)
Together 6 years, ISO case, B.C. government initiated
Wife in B.C., on social assistance $920/mo., health problems
Husband truck driver in Alta., earns $37,400
Range $262-$349, 3 to 6 years, $262/mo. ordered for 3 years
C. The With Child Support Formula
Wettlaufer v. Wettlaufer, [2007] B.C.J. No. 168, 2007 BCSC 137 (Master Baker)
Together 10 years (married 8), 2 children 8 and 4, husband 39, wife 36
Wife homemaker, cohabiting with doctor, he assisted with home purchase
Husband excavating business, income issues, $70,000
Child support $1,053
Guidelines range: $1,044-$1,333, interim spousal support of $1,000/mo.
Careful budget analysis, especially wife’s expenses, amount leaves both similarly short
Fisher v. Fisher, [2007] B.C.J. No. 52, 2007 BCSC 39 (Ehrcke J.)
Together 14 years (married 6), wife 44, husband 46
2 boys 19, attending community college, in loco parentis
Husband earns $78,000 as construction supervisor
Wife personal care worker, health problems, 20 hrs/wk, $15,000
Interim child support $1,285, interim spousal $910/mo.
Child support $1,160/mo., children pay s. 7 expenses
Guidelines range: $1,238-$1,614, $1,400 ordered, indefinite
R.R. v. N.R., [2007] N.B.J. No. 3, 2007 NBQB 7 (d’Entremont J.)
Married 6 years, 2 children 10 and 7
2003 order: child support $643, spousal $600/mo.
Husband’s business declined, income dropped from $48,000 to $37,640
Child support reduced to $546/mo.
Wife retrained, job with government, income increased from $8,580 to $30,838
S. 7 child care expenses: $8,160/yr., net $3,918, husband pays 55%, $180/mo.
Guidelines range: 0 to 0, no entitlement, self-sufficient
Support paid 6 years, length of marriage
Kays v. Kays, [2007] N.S.J. No. 1, 2007 CarswellNS 2 (Legere Sers J.)
Together 2 years and 3 months, (married 15 mos.), 1 child 5, mother’s 16-year-old
Husband retired from Armed Forces 2003, now engineering co., earns $95,226
Dec. 2002 consent order: child support $950, spousal $1,150, plus $1,500 house expenses
Corollary relief judgment 2005: child support $680, spousal $1,519
Wife 34 (31 separation), teacher in England, returning there
Wants to do 4 ½ year nursing degree, but no serious employment effort
Child support $803/mo., husband also pays $700/mo. for another child
Counsel criticized for no Guidelines calculations
Spousal support $1,519/mo. for 5 mos., $1,000 for 7 mos., then end, 5 yrs paid total
[Estimated range if wife no income: $1,604-$2,074; if $20,000 imputed, $795-$1,394]
D.R.M. v. R.B.M., [2006] B.C.J. No. 3299, 2006 CarswellBC 3177 (Martinson J.)
Appeal from Master, Guidelines apply to interim support determination
Together 13 years (6 married), 3 children 11, 7 and 5, wife homemaker
Husband earns $750,000
Master ordered: $6,000/mo. child support, $8,500/mo. spousal
Needs and means used, Guidelines rejected at interim stage
Child support appeal allowed, no reason to depart from table, $12,028/mo.
Spousal support appeal dismissed, income above $350,000
Discretionary decision, not clearly wrong
[Guidelines range at $350,000, for comparison: $6,820-$8,229]
C.E.A.P. v. P.E.P., [2006] B.C.J. No. 3295, 2006 BCSC 1913 (Rogers J.)
Together 21 years (12 married), wife and husband 44, 4 children 13, 10, 8, 6 with wife
Husband driver for Greyhound, earns $56,927, child support $1,342/mo.
Wife on disability pension, bipolar disorder, $9,479
Guidelines range: 0 to 0, entitlement, but dismissal, liberty to apply if change
Barnett v. Barnett, [2006] A.J. No. 1697, 2006 ABQB 920 (Marceau J.)
Married 18 years, 2 children 22 and 15, husband 46, wife 40 (38 separation)
No child support for older son, estranged, other sources of funds
Husband oil pipeline consultant, deliberately reduced income, imputed $120,000
Child support $1,056/mo. plus $474 contribution for s. 7 expenses (of $708)
Wife at home, now works as labourer, earns $23,000
Guideline calculations provided for income of $140,000, not used
Crude net income calculations, spousal support of $2,000/mo., indefinite
(estimated Guidelines range: $1,889-$2,590/mo.)
D.B.C. v. R.M.W., [2006] A.J. No. 1629, 2006 ABQB 905 (Topolniski J.)
Married 13 years, 2 children 15 and 17, with wife
Husband and wife left Calgary for Nelson B.C. for 6 years, lived on investments, homeschooled children, $80,000/yr.
After separation, husband returned to Calgary investment work, earned $213,553 in 2004
2004 trial order: child support $2,163, spousal support $4,000/mo, review January 2008
Husband earned $773,471 in 2005, 2006 estimated over $700,000
Child support increased to $6,716/mo.
Wife various upgrading efforts unsuccessful, now 2 days/week in medical clinic
Application to vary by wife, sought Guidelines $16,381-$32,596/mo.
Husband’s post-separation income increase, wife no contribution, not
long traditional marriage, husband out of work force 6 years before
Guidelines not applicable, income over $350,000, no variation
McIntyre v. McIntyre, [2006] N.S.J. No. 529, 2006 NSSC 380 (Warner J.)
Interim support, 3 children, 5, 3 and 1, oldest autistic
Husband earns $75,500, wife earns $30,000 as self-employed
chiropractor
Child support $1,371/mo.
S. 7 expenses: $866/mo. child care, $362/mo. special diet, husband
pays $450, wife $189
Guidelines range: 0 to $384; at zero, 44% INDI to wife, 62% cash flow
Wife’s budget no deficit, only low income imputed, zero interim spousal support
H.P. v. D.P., [2006] N.S.J. No. 511, 2006 CarswellNS 560 (Levy Fam.Ct.J.)
Married over 15 years, 2 children 15 and 11, with wife
Husband earns $24,459 at building supply store, wife $14,712 in retail
Child support $362/mo., tax advantages to spousal support over s. 7 expenses
Spousal support $175/mo., even though Guidelines range: 0 to 0
Support for 18 months until divorce and sale of home
Aalbers v. Aalbers, [2006] S.J. No. 757, 2006 SKQB 530 (Sandomirsky J.)
Married 17 years, 5 children 16, 15, 12 (Downs syndrome), 8 and 6, with wife
Wife homemaker, husband earns $115,312 as hog and grain farmer
Income of husband: $19,025 tax return, plus $96,285 via s. 18 from numbered co.
Interim child support $2,741/mo.
No interim spousal support: wife’s income $50,556 with child support and child benefits
Wife lives in family home, husband pays taxes and utilities, use of family van
Guidelines no help where entitlement not yet established
[Guidelines range estimated as $688-$1,083]
Rapley v. Rapley, [2006] B.C.J. No. 3213, 2006 BCSC 1854 (Bruce J.)
Married 11 years, 2 children 17 and 14, split custody, both spouses age 44
2001 separation agreement: husband grain farmer in Sask. pay $150,000 re farm child support for 2, spousal support $500/mo. to Dec. 2010
Wife homemaker, from Hong Kong, limited English, moved to B.C. after separation
Only $70,000 paid on farm
Interim orders: Nov. 2005, child support for 1 $448
March 2006, child support $350, spousal support $1,150, plus
$10,000 advance
Husband earning $56,200, wife no income, child support $481/mo.
Balance of $80,000 on farm to be paid, spousal support $500/mo, another 4 years
Miglin considered, application to vary then if inadequate, youngest child 18 by then
[Guidelines range, split custody: $999-$1,244]
Humphrey v. Humphrey, 2006 CarswellOnt 8251 (S.C.J.) (G.P. Smith J.)
Married 17 years, 3 children 20, 18 and 18, husband 48, wife 47 (45 separation)
All with wife, oldest employed part-time, part-time university
Husband in family business, income issues, $60,000
Wife homemaker, small home-based business, no interim sale of home
Child support $902 (2 only), Guidelines range: $1,083-$1,361
Interim spousal support ordered $1,300/mo.
Stuart v. Multan, [2006] M.J. No. 418, 2006 MBQB 238 (Allen J.)
Together 11 years, 2 children 13 and 10, husband 45, wife 42
Wife earns $46,000, husband earned $110,000 until terminated March 2006
Husband now makes $61,440, severance package ends Nov. 2006
Husband substantial time, but not 40%, child support $860/mo.
S. 7 expenses: camps and transportation, $155/mo., 57% by husband
Spousal support: no economic disadvantage, non-compensatory
Retroactive support after separation, would have ended Nov. 2006, 3 years total
Court would have made transition longer, amount lower, here more generous
Guidelines argued, but not used, as obligation ended now
2003 (3 mos) $1,000/mo.; 2004, $1,350; 2005, $750; 2006, $1,350
[all amounts near middle of Guidelines range]
MacCarthy v. MacCarthy, [2006] B.C.J. No. 3082, 2006 BCSC 1765 (Rice J.)
Married 22 years, 3 children 19, 16, 13, with wife, husband 46, wife 45 (44 separation)
Property divided, reapportioned 60/40 to wife, gifts from her father and disadvantage
Wife qualified as realtor, homemaker in past, income imputed at $10,000
Husband logger, company, reduction in hours worked okay, $110,000
Child support $1,578 (2), spousal support range $1,578-$2,341
Spousal support of $2,000/mo., indefinite, no review
Smylie v. Smylie, [2006] O.J. No. 4716 (Ont.S.C.J.) (Shaw J.)
Together 27 years (married 22), 3 children 20, 17, 8, with wife, both 46 years old
Husband lumber yard manager in Timmins, earns $34,762
Child support $517 (2), s. 7 child care expenses $46/mo. by husband
Property: wife keeps home, pays equalization of $40,326 to husband
Wife 2 part-time jobs, nurses registry and KFC, earns $16,296
Wife home until 2004 separation, traditional marriage
Husband cohabiting, new partner makes $40,000
Range: 0 - $89, spousal support of $200/mo., 60% NDI to wife
Stamp v. Stamp, [2006] N.J. No. 324, 2006 NLUFC 43 (Cook J.)
Married 25 years, 2 children, 1 adult (25), 1 16 with husband
No child support, no s. 7 contribution, wife no income
April 2006 consent interim order: $1,050/mo., wife then WCB $14,000
WCB ends Dec. 2006, wife graduates as teacher, looking for work
Husband earns $62,500, interim support increased to $1,950/mo., “within parameters”
[Custodial payor range: $1,613-$2,150]
Ghahrai v. Mohammed, [2006] O.J. No. 4651 (Ont.S.C.J.) (Fragomeni J.)
Married 9 years
2004 settlement: $1,000/mo. for 18 mos., 26 mos. paid interim, plus $6,000 lump sum
Wife applies to vary and seeks interim, support stopped April 2006, s. 17(10) applies
Wife wants to complete B.Sc. Nursing, 4 more years, $14,000 OSAP loan
Husband earns $80,000, has 2 (?) children, $700/mo. day care
Husband says Guidelines range $692-$922, 4 ½ to 9 years, paid $50,000 ($692x6 yrs.)
Application dismissed
Hance v. Carbone, 2006 CarswellOnt 7063 (Ont.S.C.J.) (Stayshyn J.)
Married 17 ½ years, husband 46, wife 43 (36 separation)
4 children: 24, 22, 22, 20, traditional marriage
1999 separation agreement: total support of $1,083, $611 child, $472 spousal
Spousal support for 6 years only
Wife working part-time at Walmart, $13,500, husband earns $38,500
Guidelines range stated to be $367-$582, with child support formula
Spousal support of $472/mo. ordered, 15 years
But no child support, no proof children of marriage
[Without child support formula range: $547-$729]
Galloway v. Galloway, 2006 CarswellBC 2758, 2006 BCSC 1677 (Macaulay J.)
Married 21 years, 2 children 21 and 18, students
Husband 59, veterinarian, earns $235,000
Wife 52 (50 separation), started as vet, retrained as family doctor, earns $96,000
Property division 50/50, husband’s co. reapportioned 65/35 in his favour
Shared custody, no child support stated, family trust for s. 7 expenses
Spousal support: wife’s choice to change careers, supported by husband
Wife working 3 ½ days per week, limits on practice by College, due to depression
Range stated by wife $3,505-$5,013 if husband $275,000 and wife $80,000
Spousal support of $4,000/mo., to end when husband retires at 65, i.e. 6 years
[If shared custody, child support $1,705, Guidelines range: $1,921-$3,335]
J.A.M. v. D.L.M., [2006] N.B.J. No. 453, 2006 NBQB 359 (d’Entremont J.)
Married 6 ½ years, 2 children 7 and 4 with wife
Interim order: imputed $70,000 to husband, child support $898, spousal $1,000/mo.
Husband superintendent of rental properties, minor shareholder, parents’ corporation
Wife obtained work, 2 part-time jobs, around children’s schedules, $19,000
Property divided, husband’s income determined as $42,683
Child support $611, plus husband to pay $948 for $1,185 child care paid
Both parents paid extracurricular expenses, husband $877, wife $152
Wife seeks $1,000/mo., for 4 years (15 months paid already)
Guidelines range: 0 to 0, husband says no support
Short marriage, wife young, educated, employed, no entitlement
H.T. v. C.T., [2006] Nu.J. No. 21, 2006 NUCJ 19 (Johnson J.)
Application to vary child and spousal support, reduction in income
Interim child and spousal support: $4,250
Recipient wife disabled, husband lost contract, lower income, consumer proposal re debts
Husband’s net income $1,400 after payment of support
Husband has common law spouse and 2 children
Child support $1,173
Guidelines range: $968 - $1,607 (incomes not stated)
Spousal support reduced to $2,577, total $3,750 support
S.C.J. v. T.S.S., [2006] A.J. No. 1319, 2006 ABQB 777 (Lee J.)
Together 5 years total, multiple separations, 2 children (11 and 4) with husband
Wife 32 (29 separation), husband 36
Wife earned $20,958 from employment/EI previously
Wife gambling addictions, residential treatment program just completed
Wife could earn $26,400, but $20,958 used, husband earns $65,000
Custodial payor range: $208 - $276
Husband paid off her debts, no child support paid, $7,500 interim costs to wife
No entitlement to spousal support
(Range if child support $325: $212 - $283; if no child support, $176 - $235)
R.L.W. v. R.G.W., [2006] A.J. No. 1316, 2006 ABQB 770 (Verville J.)
Married 14 years, wife 43 (38 separation), husband 44, 3 children (14, 13, 8) with wife
Husband earns $125,000 in petrochemical industry
Wife works 80% (half-time before separation), biochemical technician, U of A
Wife earns $45,253, full-time income imputed $56,565
Child support $2,301/mo., plus $325/mo. for s. 7 expenses
Wife no budget, Guidelines range mid-point stated to be $1,000 - $1,100
Husband paid $600/mo. not deductible for 2 years after separation
No great career disadvantage, but wife more child care
Spousal support $500/mo., 4 more years
(Actual range estimated after s. 7 expenses: $342 - $1,017)
Zolkowski v. Zolkowski, [2006] A.J. No. 1297, 2006 ABQB 753 (Lee J.)
Married 4 years, wife has 13-year-old son, biological father unemployed
In loco parentis issue, and child support, put over to trial
Husband earns $250,000 for drilling company, not including other sources
Wife no income, working on farm
Guidelines range if with child support formula: $6,700 - $7,800
Wife seeks $10,000/mo., husband offers $2,000 plus house expenses
Interim spousal support $4,000 plus $2,078 house expenses
(If without child support formula: $1,250 - $1,666)
L.D.D. v. G.C.D., [2006] B.C.J. No. 2636, 2006 BCSC 1499 (Silverman J.)
Married 14 years (plus 3 years cohabitation), husband 45, wife 41 (38 separation)
3 children – 7, 7, 6, with wife
Wife no income, return to school in 2-year course for teacher’s aide
Little employment effort, in subsidized housing
Husband earns $49,800 as engineering assistant, paid debts of $10,000
Child support $990, plus 100% s. 7 expenses including any day care
Interim spousal support $500/mo., Guidelines range $904 - $1,284 says wife (incorrect)
Wife suggests $635 spousal support, if husband’s net income split 50/50 (incorrect)
Spousal support $635/mo., for 2 years, $500/mo. for 6 mos., $300/mo. for 6 mos.
Total 6 years (3 years interim)
(Estimated actual range, no s. 7 expenses: $364 - $579)
Brossart v. Brossart, [2006] S.J. No. 637, 2006 SKQB 455 (Wilson J.)
Married 18 years, 2 children 15 and 13
Husband quit farming, earns $55,200, no net income from farm rental
Child support $771/mo., husband pays $70/mo. extracurricular expenses (75%)
Wife earns $18,500, wife says Guidelines range $99 - $534 if husband earns $61,700
Judge estimates range with ChildView: $149 - $298
Interim spousal support $300/mo. (husband had paid $280/mo. interim)
Kim v. Kim, [2006] B.C.J. No. 2663, 2006 BCSC 1330 (MacKenzie J.)
Married 15 years, 2 children 16 and 13, with wife, wife 43, husband 45
Husband real estate agent, income issues, disclosure, deductions
Income estimated at $90,000, conservative
Child support $1,317, plus s. 7 expenses of $7,000/yr., 83% by husband
Wife no income, Korean, language and health issues, interim spousal support $1,300/mo.
Wife training as esthetician, 4 mos. to go, might earn $15-$16,000/yr.
Guidelines range: $1,300 - $1,687, Redpath applied
Spousal support $1,300, indefinite, review in 5 years
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