Warner v. Warner, (2002) 222 Sask.R. 74 (FD)

• Judge: Hunter, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 15, 2002
• Jurisdiction: Saskatchewan
• Citations: (2002), 222 Sask.R. 74 (FD);2002 SKQB 297

Warner v. Warner (2002), 222 Sask.R. 74 (FD)

MLB headnote and full text

Temp. Cite: [2002] Sask.R. TBEd. JL.042

Leslie Warner (petitioner) v. Graham Warner (respondent)

(2000 D.I.V. No. 382; 2002 SKQB 297)

Indexed As: Warner v. Warner

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Hunter, J.

July 15, 2002.

Summary:

A father's child support obligation was to be determined. At issue was the appropriate income to be attributed to the father.

The Saskatchewan Court of Queen's Bench, Family Law Division, calculated the father's income and ordered him to pay child support of $1,772 per month.

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Support guidelines (incl. nondivorce cases) - Calculation or attribution of income - A father owned three companies - At issue was the father's income for the purposes of child support - The Saskatchewan Court of Queen's Bench, Family Law Division, held that the line 150 income in the father's T-1 General statements was an overstatement of the father's income where one of the father's companies had paid him bonuses as income in order to reduce the tax payable by the company, but those funds were not used by the father and were loaned back to the company - Further, utilizing the base salary paid to the father as employment income would understate his income given his use of shareholders' advances for personal expenditures - The court concluded that the father's base income, added to by the three year average of the shareholders' advances used for personal expenses, was the fairest determination of the father's income.

Cases Noticed:

Beeching v. Beeching (1998), 169 Sask.R. 18 (Q.B. Fam. Div.), refd to. [para. 25].

Stephen v. Stephen (1999), 183 Sask.R. 161 (Q.B.), refd to. [para. 25].

Morley v. Morley (1999), 176 Sask.R. 287 (Q.B. Fam. Div.), refd to. [para. 25].

Counsel:

R.B. Hunter, for the petitioner;

M.T. Megaw, for the respondent.

This matter was heard before Hunter, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following judgment on July 15, 2002.