BC Spousal Support Guidelines Review
The BC family law lawyers at the MacLean Family Law Group have reviewed British Columbia family law and BC spousal support cases that have applied or at least considered the new spousal support guidelines and note an early trend showing the majority of BC family law spousal support decisions have awarded amounts less than the low end of the guidelines. One judge even commented that the guidelines do not reflect past case and statute law awards!
We provide a snap shot of 7 British Columbia family law cases. For full details of each BC spousal support case sumarized below please contact Lorne MacLean at our head office in Vancouver. The whole issue of BC spousal support will no doubt be canvassed in the Supreme Court of Canada in Leskun on November 18, 2005.
Yemchuk [2005] BCJ 1748
Guideline range $1190 to $1580 but amount awarded was $1100 a sum below the low range and only 70 percent of the high end.
Pearce [2005] BCJ 1757
Guideline range $2375 to $3166 but ongoing amount awarded $2000 only 84 percent of the minimum and 63 percent of maximum.
Proctor [2005] 1585
Guideline amount $6175 to $8233 but amount awarded $5000 81 percent of minimum and only 61 percent of maximum. Notably recipient had no income and had made no efforts to find work.
W. [2005] BCJ 1481
Notable for fact judge deciding the case was part of advisory panel that created guidelines.
Range $745-$1585 and amount awarded $1500.
Steida-Everitt [2005] BCJ 1556
Guideline amount $606 to $919 and amount awarded $650.
Hewco [2005] 1416
Guideline amount $1049 to $1287 and amount awarded $2000 reviewed in 18 months with income imputed to recipient at that time.
MS [2005] 1447
Guideline amount $3432 to $4897 and amount awarded $2500 being 73 percent of minimum and only 51 percent of maximum.
In total 4 cases were below guideline, 2 within the guidelines and 1 above the guidelines albiet for a short period of time. It seems despite the private seminar given by the law professors who created the guidelines judges do not feel they are an accurate reflection of past law. The writer challenged the professors at the BC Biennial Family Law confernce on the point that it appearded the guielines only averaged higher support award cases while discounting lower support award cases. Professor Rogerson stated when there were discrepencies in the law they had to pick what cases to follow-it seems they picked the higher award cases! It seems obvious that the source data for the tables needs to be revealed if not voluntarily then by a Freedom of Information Act request.
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