Justice Pam Jackman Brown
Husband commenced this divorce proceeding, and wife sought temporary maintenance and child support. Wife alleged husband’s annual income was $350,000, while husband claimed his current annual income was $39,000. Wife also claimed she has not worked since the birth of the parties’ first child, yet her 2010 tax returns reflect an annual income of over $39,000. The court found the parties’ statements regarding their respective incomes and expenses incredulous, and imputed income to husband of nearly $169,000 based on his monthly expenses of over $14,000. The court noted husband’s basic child support obligation was over $26,000 annually, but considered other factors, including the standard of living the children would have enjoyed if the marriage were not dissolved. Thus, it concluded husband’s child support was $over $42,000 annually, granting wife pendente lite child support under the Child Support Standards Act, and applying a credit for husband’s voluntary payments of $500 weekly. Also, husband agreed to maintain carrying charges on the marital residence, which exceeded the presumptive maintenance award, and the court noted wife was able to meet her monthly expenses without husband’s contribution, denying a maintenance award.
