A lawyer from West Vancouver which is about $700,000 per year was denied an application significantly reduce child support to his exwife.
Counsel - identified as "C.D." in the documents of the Court - made an average of $57,000 per month for the past three years and has been paying his ex-wife "A.B." $11,500 per month since the couple was divorced in 2008.
Recently the husband went to the Tribunal, requesting that his support payments be gradually lowered to $5,000 per month over two years.
He asked that his ex is cut after three years. The lawyer, 53, who owns the House of West Vancouver and Qualicum Beach with a Corvette, argued that his ex-wife, 50, a need for incentives to become autonomous, as it provides its own income drop when it starts to reduce his work schedule. Counsel also argued that his ex could sell his house in North Vancouver and move into a condo, invest the difference contribute to his income.
But judge Susan Griffin is a not agree, saying that the husband and wife have contributed to the success of his career when their 15-year marriage.
"The risk that the woman is perhaps not in a position to find a lucrative career after the children have grown up and the husband was well established in his career is a risk that both the husband and the wife should share just as they should share the chance, that they took on the husband's career... the woman did not have to bear the cost of these disproportionate career choice"she wrote.""
Griffin ordered the lawyer to continue to pay his ex-wife $ 10,000 per month for an indefinite period of time.
According to the court documents, when the couple is Marie first, the husband received less than $50,000 per year with a Toronto law firm. The wife worked as a flight attendant. After two daughters of the couple were born, and the family moved to Vancouver, the wife stayed home to take care of them while the husband has built a career high power in corporate law. Often he worked evenings and weekends and was often absent on business travel.
During this time, at a time the husband's income has climbed to more than $800,000 a year.
"At the end of the marriage, the woman was a woman of middle age with no developed work training or employment important experience while the husband on the other hand, was now a senior counsel with a career based in Vancouver," wrote the judge.
The wife has since developed a business as a home stager, but expects to earn only about $20,000 per year.
Counsel argued that his ex-wife business plans were unrealistic and that the level of support it has received from him had him allows to be deliberately underemployed.
But the judge rejected that, saying that it was not satisfied that the ex-wife would be able to find a job that paid much better than it, given his age, lack skills and significant time to the workforce.
In his reasons, Griffin said, the husband enjoys a good standard of living. "He lives in a house in West Vancouver, another house was Qualicum Beach and substantial savings for retirement and is earning a significant income that will allow it to continue to accumulate assets and savings," she writes, and standard of living of the ex-wife is "quite modest in comparison."
The couple asked that their names be kept out of any judgment of the Court.
"The judge wrote in his reasons that it was not satisfied there was no good reason for that - noting most of the people who spend the public courts to settle their disputes" do not have the luxury of anonymity.... ?
But she found that person still objected to the request, it would leave the ban in place for the moment.
jseyd@nsnews.com
? Copyright (c) North Shore News
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