Does a husband have to pay support on additional draws of capital from his post-separation income for Guideline purposes?
British Columbia, Canada
The following excerpt is from Stringer v Stringer, 2017 BCSC 1470 (CanLII):
The husband submits that he should not have to pay support on those additional draws of capital, as they can be viewed as the fruits of his post-separation labours which are independent of his life with the wife. His position is, in essence, that all of the income derived from the post-separation assets should not be included in his income for Guideline purposes. In making this submission, he refers to the fact that a payor does not have to include all of his post-separation income increases for support purposes where he has changed positions since separating (often making lifestyle sacrifices to do so). Moreover, as noted in Hartshorne v. Hartshorne, 2004 SCC 22, the husband submits that such increases are not to be included where the payor has been given new career opportunities by virtue of luck or personal connections. This, he maintains, is consistent with the decision in Pendleton, where a reduction was made in the payor’s Guideline income to reflect the fact that some of the income was due to post-separation efforts.
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