Radford v. Radford, 2010 SKQB 157

• Judge: Dawson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 26, 2010
• Jurisdiction: Saskatchewan
• Citations: 2010 SKQB 157;(2010), 361 Sask.R. 9 (FD)

Radford v. Radford (2010), 361 Sask.R. 9 (FD)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. MY.018

Carol Ann Radford (petitioner) v. David Randall Radford (respondent)

(2005 DIV. No. 329; 2010 SKQB 157)

Indexed As: Radford v. Radford

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Dawson, J.

April 26, 2010.

Summary:

Parents divorced. The mother applied for an order that the father pay s. 3 child support under the Federal Child Support Guidelines, commencing September 1, 2009, for their daughter Crystal, born in 1990.

The Saskatchewan Court of Queen's Bench, Family Law Division, allowed the application.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance and awards - Awards - To children and children defined - Parents divorced - The mother applied for an order that the father pay s. 3 child support under the Federal Child Support Guidelines, commencing September 1, 2009, for their daughter, Crystal, born in 1990 - Crystal had taken a year off immediately after high school, working part-time as a waitress - She then attended one full-time semester of university from September to December 2009 - Her academic performance at university was above average - She was now attending high school at an adult campus to better prepare herself for further university or technical school - She earned over $10,000 in 2009 - The Saskatchewan Court of Queen's Bench, Family Law Division, held that Crystal was a child of the marriage - Her career plans were reasonable - The amount that Crystal had earned and continued to earn through part-time employment was insufficient to allow her to withdraw from her parents' charge and she was unable to obtain student loans because of her parents' level of income - See paragraphs 22 to 33.

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Calculation or attribution of income - A payor father was a physician - Since 2007, his income had been earned through his professional medical corporation which had a fiscal year ending June 30, 2009 - His income was primarily derived from his work as an emergency room physician, which he billed through his professional corporation - His corporation paid him a salary - The father did not file his 2009 income information as required, but wanted the court to extrapolate from partial information (August 13, 2009 to November 19, 2009) that his weekly income for the fiscal year would be less than he made during the first half of the calendar year ($310,628.11 in gross billings) - The Saskatchewan Court of Queen's Bench, Family Law Division, held that it was appropriate to include the corporation's pre-tax income to determine the father's income (Guidelines, s. 18(1)(a) and (b)) - Further, it was appropriate to determine the father's 2009 income, under s. 17(1) of the Guidelines, by averaging his 2006, 2007 and 2008 income to arrive at the figure of $349,870.01.

Family Law - Topic 4045.8

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Changed circumstances - Parents divorced - The mother applied for an order that the father pay s. 3 child support under the Federal Child Support Guidelines, commencing September 1, 2009, for their daughter Crystal, born in 1990 - An original child support order had been made in December 2005, while Crystal was still under the age of 18 - The Saskatchewan Court of Queen's Bench, Family Law Division, found that there had been a material change in circumstances since the making of the previous order in that Crystal had now attained the age of majority - She was no longer presumptively entitled to child support (Guidelines, s. 3(1)(a)) - See paragraphs 5 to 21.

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Children over the age of majority - [See Family Law - Topic 4045.12 ].

Family Law - Topic 4045.12

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Where income over $150,000 - Parents divorced - The mother applied for an order that the father pay interim s. 3 child support under the Federal Child Support Guidelines, commencing September 1, 2009, for their daughter, Crystal, born in 1990 - Crystal had taken a year off immediately after high school, working part-time as a waitress - She then attended one full-time semester of university from September to December 2009 - Her academic performance at university was above average - She was now attending high school at an adult campus to better prepare herself for further university or technical school - Since high school, she had continued to live with her mother rent free - She earned over $10,000 in 2009 - She used this for spending money to cover some of her personal expenses - Crystal's university tuition for the 2009 fall semester was covered by the RESP owned by her parents - Crystal planned to work full-time in the summer months and to save some of that money for her post-secondary expenses in the fall of 2010 - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the table amount of support, $2,815 based on the father's annual income of $349,870.01, was not inappropriate - See paragraphs 48 to 60.

Cases Noticed:

Hagen v. Rankin (2002), 213 Sask.R. 257; 260 W.A.C. 257; 2002 SKCA 13, refd to. [para. 21].

Jackson v. Jackson, [1973] S.C.R. 205, refd to. [para. 24].

Barber v. Barber (1995), 137 Nfld. & P.E.I.R. 36; 426 A.P.R. 36; 18 R.F.L.(4th) 282 (Nfld. T.D.), refd to. [para. 25].

Zaba v. Bradley (1996), 137 Sask.R. 295; 107 W.A.C. 295; 18 R.F.L.(4th) 1 (C.A.), refd to. [para. 26].

Rebenchuk v. Rebenchuk (2007), 212 Man.R.(2d) 261; 389 W.A.C. 261; 279 D.L.R.(4th) 448; 2007 MBCA 22, refd to. [para. 26].

Hannah v. Warner (2008), 322 Sask.R. 137; 2008 SKQB 372 (Fam. Div.), refd to. [para. 26].

Brooke v. Hertz (2008), 327 Sask.R. 162; 61 R.F.L.(6th) 405; 2008 SKQB 461 (Fam. Div.), refd to. [para. 26].

Edmunds v. Schwartz (2009), 344 Sask.R. 154; 2009 SKQB 330, refd to. [para. 26].

Parker Estate v. Parker (2008), 329 Sask.R. 1; 2008 SKQB 489 (Fam. Div.), refd to. [para. 26].

Malcolm v. Chabot (2004), 258 Sask.R. 312; 2004 SKQB 514 (Fam. Div.), refd to. [para. 26].

W.P.N. v. B.J.N. (2005), 207 B.C.A.C. 76; 341 W.A.C. 76; 249 D.L.R.(4th) 352; 10 R.F.L.(6th) 440; 2005 BCCA 7, refd to. [para. 32].

S.A.F. v. R.L.G., [2005] Sask.R. Uned. 199; 22 R.F.L.(6th) 371; 2005 SKQB 519 (Fam. Div.), refd to. [para. 32].

Kusnir v. Kusnir (2001), 21 R.F.L.(5th) 90 (Ont. C.J.), refd to. [para. 49].

Geran v. Geran (2008), 325 Sask.R. 89; 2008 SKQB 460, refd to. [para. 54].

Jordan v. Jordan (2005), 260 Sask.R. 188; 2005 SKQB 129 (Fam. Div.), refd to. [para. 56].

Holizki v. Reeves (1997), 161 Sask.R. 76; 34 R.F.L.(4th) 414 (Q.B. Fam. Div.), refd to. [para. 56].

Carnall v. Carnall (1998), 165 Sask.R. 305; 37 R.F.L.(4th) 392 (Q.B. Fam. Div.), refd to. [para. 56].

Donald v. Brown, [2005] Sask.R. Uned. 211; 2005 SKQB 450 (Fam. Div.), refd to. [para. 56].

Hiebert v. Hiebert (2007), 305 Sask.R. 260; 2007 SKQB 381 (Fam. Div.), refd to. [para. 56].

Counsel:

James J. Vogel, for the petitioner;

Pauline Duncan Bonneau, Q.C. (Can.), for the respondent.

This application was heard by Dawson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following fiat on April 26, 2010.