Henderson Heinrichs LLP

Following the Guidelines

Kevin Heinrichs

Written by: Kevin Heinrichs (View All Posts • View Bio) Published: November 12, 2010

Categorized: Case Analysis, Spousal Support.
Tags: , , , .

The BC Court of Appeal has once again confirmed how inadvisable it is to ignore the Advisory Spousal Support Guidelines.  While being very careful not to elevate them from their guidlininess,  Mme. Justice Smith in her reasons in Domirti v. Domirti, 2010 BCCA 472, an appeal from a trial court spousal support review application, quoted  Redpath v. Redpath, 2006 BCCA 338, 62 B.C.L.R. (4th) 233 in finding that that, “…while SSAG is not to be applied as a matter of law in determining the quantum of spousal support, in circumstances where it is appropriate to consider the application of SSAG an award that falls substantially outside the SSAG ranges may permit appellate intervention”.  In Domirti, the trial court had ordered a quantum of spousal support in line with the guidelines without accepting the matching suggested duration.

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