Jen Yii Liew

This is a decision on an interim motion for spousal and child support.

The Applicant wife sought support from the Respondent husband, who derives income from family corporations.

The court addressed the husband's income determination, including corporate losses from new business ventures, and the imputation of income to the wife due to intentional underemployment.

The court applied the Spousal Support Advisory Guidelines (SSAGs) and the Child Support Guidelines, setting interim spousal and child support amounts effective March 1, 2024, and outlining the sharing of matrimonial home costs and Section 7 expenses.

Retroactive support claims were deferred to trial.

The applicant mother sought to continue the children's enrollment at a private school, Branksome Hall, while the respondent father sought enrollment at the local public school.

The court dismissed the mother's motion, ordering both children to attend the local public school.

The decision was based on the children's best interests, considering behavioral issues at the private school, the lack of a spot for one child, and the mother's consistent failure to ensure timely school attendance.

This decision addresses interim spousal and child support.

The court determined the respondent's income by including legitimate corporate business losses, rejecting the applicant's higher income estimates based on lifestyle and inflated budgets.

Income was imputed to the applicant due to intentional underemployment.

Interim spousal and set-off child support orders were made, effective March 1, 2024, with section 7 expenses shared 80% by the respondent and 20% by the applicant.

Retroactive support claims were deferred to trial due to prior uncharacterized payments.