Kynoch v. Kynoch, 2015 MBQB 83

• Judge: Menzies, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 14, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBQB 83;(2015), 317 Man.R.(2d) 232 (QB)

Kynoch v. Kynoch (2015), 317 Man.R.(2d) 232 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. MY.029

Debbie Sharon Kynoch (petitioner) v. Denny James John Kynoch (respondent)

(FD 09-02-04335; 2015 MBQB 83)

Indexed As: Kynoch v. Kynoch

Manitoba Court of Queen's Bench

Brandon Centre

Menzies, J.

May 14, 2015.

Summary:

In August 2012, the parties participated in a trial respecting a number of issues resulting from the dissolution of their 30 year marriage.

The Manitoba Court of Queen's Bench, in a decision reported at (2012), 282 Man.R.(2d) 289, ordered, inter alia, that the husband pay spousal support in the amount of $250 monthly. The wife appealed that decision.

The Manitoba Court of Appeal, in a decision reported at (2013), 294 Man.R.(2d) 250; 581 W.A.C. 250, increased the amount of support payable to $600 a month. The wife applied for a variation of the order of spousal support.

The Manitoba Court of Queen's Bench ordered that the husband pay spousal support of $1,500 per month retroactive to January 1, 2014.

Family Law - Topic 4001.1

Divorce - Corollary relief - Maintenance and awards - Retroactive awards - [See Family Law - Topic 4022 ].

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Awards - Variation of periodic payments or lump sum award - [See Family Law - Topic 4022 ].

Family Law - Topic 4021.5

Divorce - Corollary relief - Maintenance and awards - Awards - Support guidelines - [See Family Law - Topic 4022 ].

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - Awards - To spouse - Considerations - In August 2012, the parties participated in a trial respecting issues resulting from the dissolution of their 30 year marriage - The husband was ordered to pay spousal support of $250 per month - The wife appealed that decision - The Court of Appeal increased the amount of support to $600 monthly - The wife applied for a variation of the order of spousal support - The Manitoba Court of Queen's Bench stated that "Based on income of $84,000 for Mr. Kynoch and $31,000 for Ms. Kynoch, the SSAG [Spousal Support Advisory Guidelines] recommend a monthly spousal support payable between $1,656 and $2,058. ...  In considering an appropriate quantum, I am also mindful that Mr. Kynoch is 56 years of age with no monies invested for his retirement. He has purchased a newer motor vehicle which is fully paid for. He has purchased a home which is substantially mortgaged. He collapsed RRSP's in order to make a down payment on his home. Mr. Kynoch must repay those RRSP's within 10 years or he will be taxed on the proceeds. Ms. Kynoch lives in a home valued at $300,000 which is free and clear of any encumbrances. After considering the need of Ms. Kynoch, the ability to pay of Mr. Kynoch, and the difference in their respective financial positions, I have decided that an appropriate quantum of support to be paid by Mr. Kynoch to Ms. Kynoch would be in the amount of $1,500 a month ... I note that Mr. Kynoch's income increased substantially in 2014. It should have been apparent to him that any obligation for spousal support to Ms. Kynoch would be increased by his increase in income. I am therefore satisfied that the quantum of spousal support in the amount of $1,500 should be made retroactive to January 1, 2014".

Cases Noticed:

Scott v. Scott (2011), 262 Man.R.(2d) 237; 507 W.A.C. 237; 2011 MBCA 21, refd to. [para. 9].

Fisher v. Fisher (2008), 232 O.A.C. 213; 2008 ONCA 11, refd to. [para. 9].

Counsel:

Len Fishman, for the petitioner;

Scott Abel, for the respondent.

This application was heard before Menzies, J., of the Manitoba Court of Queen's Bench, Brandon Centre, who delivered the following judgment on May 14, 2015.