Case summary: N.K.R. v T.S.G.
Case summary of N.K.R. v T.S.G., 2023 BCSC 738
The case involves several issues related to family law, including child custody, spousal support, and property division. N.K.R. and T.S.G. were married in May 2020 and had a daughter in September 2021. They separated in May 2022, and N.K.R. filed a notice of family claim seeking a divorce, property division, spousal support, and child support. In April 2023, the Provincial Court issued notice of a family management conference to address the parties' competing parenting-time proposals.
At the hearing, the court made several orders, including consolidating the two proceedings in this Court, except for matters relating to parenting arrangements, which would remain with the Provincial Court. The court also set interim child support at $216 per month, based on the interim without-prejudice order made during an October 2022 judicial case conference.
N.K.R. also sought interim spousal support, and the court considered the parties' incomes and expenses. The court found that N.K.R.'s Guidelines income was $26,660, the annualized amount of her disability benefits, and T.S.G.'s Guidelines income was $103,117, which included his employment income, net rental income, and poker earnings. The court declined to impute additional income to T.S.G. based on regular gifts or his potential to earn more income, finding that these issues should be resolved at trial.
Regarding property division, the court noted that the parties had entered into a written agreement two days before their wedding, which waived any entitlement to spousal support, subject to review by the parties on certain conditions. The agreement also restricted N.K.R.'s property claim to 50% of any increase in value of the downtown Vancouver apartment between the date of the agreement and the date of breakdown of the relationship. N.K.R. sought an order setting aside this prenuptial agreement, pursuant to s. 93 and s. 164 of the Family Law Act. The court did not make a ruling on this issue, as it would be addressed at trial.
In summary, the N.K.R. v T.S.G. case involved several issues related to family law, including child custody, spousal support, and property division. The court set interim child support at $216 per month and found N.K.R.'s Guidelines income to be $26,660 and T.S.G.'s Guidelines income to be $103,117. The court declined to impute additional income to T.S.G. based on regular gifts or his potential to earn more income, and did not make a ruling on N.K.R.'s request to set aside the prenuptial agreement. The case will proceed to trial to address these and other issues.
Full text available at: https://canlii.ca/t/jx160