Scully v. Scully, (2013) 413 Sask.R. 215 (FD)

• Judge: Wilson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: February 21, 2013
• Jurisdiction: Saskatchewan
• Citations: (2013), 413 Sask.R. 215 (FD);2013 SKQB 58

Scully v. Scully (2013), 413 Sask.R. 215 (FD)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. MR.007

Angela Scully (petitioner) v. Ian Howard Scully (respondent)

(2011 DIV. No. 338; 2013 SKQB 58)

Indexed As: Scully v. Scully

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

Wilson, J.

February 21, 2013.

Summary:

The parties married in 1996 and separated in April 2011. They had one child. The mother remained in the family home with the child. The mother brought a motion requesting monthly child support in accordance with the Federal Child Support Guidelines and monthly spousal support retroactive to June 1, 2012.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered the father to pay child support of $1,726 per month. The court ordered interim spousal support of $3,800 per month commencing March 1, 2013. The court stated that the issue of retroactive support was better dealt with at a pre-trial conference.

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To wife - Considerations - The parties married in 1996 and separated in April 2011 - They had one child - The wife remained in the family home with the child - The wife brought a motion requesting monthly spousal support retroactive to June 1, 2012 - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the wife was entitled to interim spousal support - The wife had suffered an economic disadvantage as a result of the breakdown of the marriage - The court determined the husband's income to be $214,884 - For the purposes of the application, the court established the wife's income as being $41,900 - "The mother was clearly accustomed to living a lifestyle commensurate with the substantial income being earned by the father. In this post-separation period, she is entitled to some monthly support to ensure that she lives at a reasonable standard of living" - The court ordered interim spousal support of $3,800 per month commencing March 1, 2013 - The court stated that the issue of retroactive support was better dealt with at a pre-trial conference - See paragraphs 24 to 30.

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Child support guidelines - Calculation or attribution of income - The parties separated in April 2011 - They had one child born in 1997 - The mother remained in the family home with the child - The mother brought a motion requesting monthly child support in accordance with the Federal Child Support Guidelines - The father had started working for Canadian Natural Resources as Integrity Chief Inspector in August 2008, in Fort McMurray - He earned substantial income in that position - In July, 2012, he moved to a position as Integrity Specialist in Calgary - His income decreased substantially as a result - The mother argued that additional income should be imputed to the father - She said his choice to take a new position, at a substantially reduced level of income, was not reasonable - The Saskatchewan Court of Queen's Bench, Family Law Division, accepted that the father's decision to take his current position was reasonable - It appeared that the father may have faced the loss of his job in Fort McMurray - In his new position he could spend more time with the child - The court determined the father's income to be $214,884 (his base salary and an average of his last three years performance bonus) - As neither party suggested that the amount under s. 3 of Guidelines would be inappropriate, the court ordered the father to pay child support of $1,726 per month - See paragraphs 9 to 23.

Family Law - Topic 4084

Divorce - Corollary relief - Interim maintenance - Awards - [See Family Law - Topic 4022 ].

Cases Noticed:

Pontius v. Murray (2011), 377 Sask.R. 16; 528 W.A.C. 16; 2011 SKCA 121, refd to. [para. 13].

Donovan v. Donovan (2000), 150 Man.R.(2d) 116; 230 W.A.C. 116; 2000 MBCA 80, refd to. [para. 13].

MacDonald v. MacDonald (2010), 350 Sask.R. 245; 487 W.A.C. 245; 2010 SKCA 60, refd to. [para. 25].

Frass v. Frass, [2006] Sask.R. Uned. 62; 2006 SKQB 189 (Fam. Div.), refd to. [para. 27].

Marcotte v. Marcotte (2008), 315 Sask.R. 280; 2008 SKQB 223 (Fam. Div.), refd to. [para. 27].

Mehlsen v. Mehlsen (2009), 336 Sask.R. 302; 2009 SKQB 279, refd to. [para. 27].

Authors and Works Noticed:

Rogerson, Carol, and Thompson, Rollie, Spousal Support Advisory Guidelines (2008), generally [para. 29].

Counsel:

Brent D. Barilla, for the petitioner;

Jennifer D. Pereira, for the respondent.

This motion was heard before Wilson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Saskatoon, who delivered the following fiat on February 21, 2013.