Mr. James Hoare

The applicant brought a motion to increase interim spousal support, seeking to impute over $1.8 million in corporate income to the respondent following a corporate reorganization.

The respondent brought a cross-motion to compel the applicant to approve the valuation reports of a jointly retained expert.

The court dismissed the applicant's motion, finding no material change in circumstances and preferring the joint expert's preliminary view that a promissory note from the reorganization was not available income.

The court also dismissed the respondent's motion to compel approval but provided directions for finalizing the expert reports.

The applicant wife sought a divorce and ongoing spousal support, while the respondent husband sought to terminate spousal support and child support for their two adult children.

The court found that the wife had been fully compensated for economic disadvantages arising from the marriage and had made no conscientious effort to become self-sufficient despite receiving support for over 20 years.

Spousal support was terminated.

Child support for the older child was terminated retroactively to the completion of her undergraduate degree, while child support for the younger child was reinstated to allow him to complete his college studies.

The court declined to order a retroactive repayment of child support to the husband to avoid undue hardship.

On an interim family law motion, the applicant sought spousal support from a high-income self-employed respondent whose income flowed through a corporation.

The court undertook a detailed interim analysis of corporate income, added back portions of motor vehicle and entertainment expenses, deducted prior spousal support and grossed-up notional child support for children in the respondent’s care, and declined broader corporate adjustments better left to trial.

The court also drew an adverse inference from the applicant’s failure to file medical evidence supporting total inability to work and imputed modest income to her starting in 2014.

Interim spousal support was ordered retroactively to separation at varying monthly amounts for 2013, 2014, and prospectively for 2015, with credit for amounts already paid and arrears payable within ten days.