In what circumstances will a trial court order permanent spousal support for the payor husband, even if the husband’s income is uncertain?
British Columbia, Canada
The following excerpt is from Judd v. Judd, 2010 BCSC 153 (CanLII):
In Parker v. Vik, 2006 BCSC 1193, the payor husband’s present and future income was uncertain. Notwithstanding that, Justice Satanove imputed an amount for the husband’s income and ordered permanent spousal support for an indefinite period, stating at para. 22: In keeping with Leskun v. Leskun, the trial court should try to fix permanent maintenance wherever possible, subject only to a change of circumstances. The mechanism of constant review of spousal support in family cases under s. 15.2 of the Divorce Act is expensive and leads to uncertainty and a lack of finality.
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