SPOUSAL SUPPORT - Calculation or attribution of income - Quantum - Interim

Law360 Canada (January 11, 2021, 9:17 AM EST) -- Appeal by the husband from an interim child and spousal support order and the related costs award. The parties separated in 2019. They had one child. The wife was the primary caregiver for the child and did not work since November 2017 when she commenced maternity leave. Following separation, the parties continued to live in the matrimonial home. The wife left the home with the child in May 2020 and moved in with her father. At the husband’s emergency application for access, the parties reached a consent parenting arrangement that would see the child residing with the wife while the husband had parenting specified time. The chambers judge set the husband’s income at $74,736 and rejected his claim that income should be imputed to the wife. The husband was thus ordered to pay $648 per month in child support. The chambers judge concluded that a prima facie entitlement to compensatory spousal support was made out having regard to the parties’ division of labour, as the wife had previously been working part-time and was out of the work force taking care of the child since her birth. The chambers judge rejected the husband’s submission that the wife did not need spousal support because she was living with a family member and ordered the appellant to pay spousal support of $1,150 per month, reviewable in three years. The husband was ordered to pay solicitor and client costs of $11,500 to the wife....
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