2 total
Interim spousal support set at $1,500 monthly with limited retroactive arrears.
The respondent brought a motion for interim spousal support in a family law proceeding.
The court considered the parties’ income positions and competing Spousal Support Advisory Guidelines calculations.
The judge found the evidence supported the payor spouse’s annual employment income of approximately $56,000–$58,000 and imputed $7,500 annual income to the recipient spouse.
Considering the length of the relationship, the recipient’s modest financial needs, and her interim occupancy of the matrimonial home, the court ordered interim spousal support of $1,500 per month retroactive to May 25, 2014.
Arrears of $3,000 were to be paid from the proceeds of sale of the matrimonial home.
Child support calculated on pre-tax income of Dubai-based payor; retroactive support granted.
The applicant sought retroactive child support and a determination of the payor’s income for child support purposes after the payor began working in Dubai and claimed non-resident tax status in Canada.
The central issue was whether child support should be calculated using the payor’s pre-tax income, given that he paid little or no tax while residing abroad.
The court held that the payor’s minimal ties to Canada and non-payment of income tax justified calculating support based on pre-tax income under the Federal Child Support Guidelines.
Applying the principles in D.B.S. v. S.R.G., the court ordered retroactive child support but limited it to January 1, 2010 rather than the earlier date sought.
Arrears were ordered payable by monthly installments.
