Amey v. Omot, (2015) 475 Sask.R. 319 (PC)

JudgeGordon, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateJune 02, 2015
JurisdictionSaskatchewan
Citations(2015), 475 Sask.R. 319 (PC);2015 SKPC 81

Amey v. Omot (2015), 475 Sask.R. 319 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JL.036

Alisha Marie Amey v. Obang Apijiu Omot

(2015 SKPC 81)

Indexed As: Amey v. Omot

Saskatchewan Provincial Court

Gordon, P.C.J.

June 2, 2015.

Summary:

Numerous interim orders, the first one beginning November 25, 2014, required a father to pay $164 per month for the support of his child. The father suffered a non-work related accident and went on disability. He was fired from his work at a pork plant. He decided to upgrade his education and commenced taking courses. It was expected that the courses would last two years. His provincial training allowance for 10 months was $7,440. At issue was the quantum of Guideline child support and child care expenses that he should pay. The mother asserted that the father was underemployed and sought to have income imputed to him. The father said that he could look for part-time work and suggested that the court impute an additional $6,678 to his training allowance for a total income of $14,232.

The Saskatchewan Provincial Court imputed an additional $6,678 to the father's income and determined the quantum of support and his proportional share of child care expenses accordingly.

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Calculation or attribution of income - Numerous interim orders required a father to pay $164 per month for the support of his child - The father suffered a non-work related accident and went on disability - He was fired from his minimum wage work at a pork plant - He decided to upgrade his education and commenced taking courses - It was expected that the courses would last two years - His provincial training allowance for 10 months was $7,440 - At issue was the quantum of Guideline child support and child care expenses that he should pay - The mother asserted that the father was underemployed and sought to have income imputed to him - The father said that he could look for part-time work and suggested that the court impute an additional $6,678 to his training allowance for a total income of $14,232 - The Saskatchewan Provincial Court concluded that the father had not left his full-time employment to avoid his child support obligations - His decision to return to school was a valid and legitimate one which would benefit not only himself, but the child and society - He would have an opportunity to obtain employment at more than minimum wage - However, he would have to supplement his training allowance by part-time work - He would also be able to work for two months of the summer - The court accepted the father's calculation and imputed an additional $6,678 to his income for purposes of child support.

Counsel:

Phillip Ventzek, for the claimant;

James Struthers, Q.C., for the respondent.

This matter was heard at Moose Jaw, Saskatchewan, by Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on June 2, 2015.

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1 practice notes
  • Ropchan v Moen,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 2, 2022
    ...actual line150 income from his 2014 Notice of Assessment to calculate the amount of child support payable by him for 2014. Amey v Omot, 2015 SKPC 81 (Gordon [3]               A hearing was held May 19.  Both parties had filed ......
1 cases
  • Ropchan v Moen,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 2, 2022
    ...actual line150 income from his 2014 Notice of Assessment to calculate the amount of child support payable by him for 2014. Amey v Omot, 2015 SKPC 81 (Gordon [3]               A hearing was held May 19.  Both parties had filed ......

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