J.C.E. v. D.D.E., (1998) 224 A.R. 301 (QB)

• Judge: Nash, J.
• Court: Court of Queen''s Bench of Alberta (Canada)
• Case Date: Monday June 22, 1998
• Citations: (1998), 224 A.R. 301 (QB);1998 ABQB 507

J.C.E. v. D.D.E. (1998), 224 A.R. 301 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. JL.025

J.C.E. (petitioner) v. D.D.E. (respondent)

(4803-91384; 1998 ABQB 507)

Indexed As: J.C.E. v. D.D.E.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Nash, J.

June 22, 1998.

Summary:

The wife applied for child support under the Federal Child Support Guidelines.

The Alberta Court of Queen's Bench allowed the application. The court imputed an income to the husband and ordered him to pay support.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Support guidelines - Calculation of income - The parties separated in 1993 - Except for one year, the husband was unemployed since 1991 - He was apparently in good health and chose to work on the farm for his parents - He had not tried to obtain employment but did earn approximately $700 to $800 monthly by repairing and selling "different items ... acquired by purchase or trade" - The husband received additional money from his parents and conceded that his total monthly earnings were $1,300 or $15,600 yearly - He did not pay tax on his earnings nor declare them as income - The Alberta Court of Queen's Bench held that the husband was "intentionally" either under-employed or unemployed - The court imputed a yearly income of $24,000 and ordered him to pay child support.

Cases Noticed:

Williams v. Williams (1997), 32 R.F.L.(4th) 23 (N.W.T.S.C.), consd. [para. 13].

Elliott v. Elliott (1997), 201 A.R. 268 (Q.B.), consd. [para. 14].

Quintal v. Quintal (1997), 38 O.T.C. 16 (Gen. Div.), consd. [para. 16].

Andries v. Andries (1997), 119 Man.R.(2d) 224 (Q.B.), refd to. [para. 26].

Raftus v. Raftus (1998), 166 N.S.R.(2d) 179; 498 A.P.R. 179; 159 D.L.R. (4th) 264 (C.A.), refd to. [para. 26].

Statutes Noticed:

Divorce Act Regulations (Can.), Federal Child Support Guidelines, SOR/97-175, sect. 10(1), sect. 10(2)(b) [para. 24]; sect. 19(1)(a) [para. 11].

Federal Child Support Guidelines - see Divorce Act Regulations (Can.).

Counsel:

Lori J. Johnson (McBean Becker), for the plaintiff;

D.D.E., appeared in person.

This application was heard by Nash, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on June 22, 1998.