Brandt v. Brandt, 2015 BCSC 1115

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Brandt v. Brandt , 2015 BCSC 1115 Date: 20150629 Docket: 48049 Registry: Kamloops Between: Luvena Simone Brandt Claimant And Tyson Sean Brandt Respondent Before: The Honourable Mr. Justice Meiklem Reasons for Judgment Luvena Simone Brandt appeared on her own behalf Tyson Sean Brandt appeared on his own behalf Place and Date of Hearing: Kamloops, B.C. June 22, 2015 Place and Date of Judgment: Kamloops, B.C. June 29, 2015 [ 1 ] Mr. Brandt seeks variation of the child support and cancellation of the spousal support ordered in a December 15, 2014 final divorce order.

The corollary relief provisions were by consent and based on respective incomes of $90,000 for Mr. Brandt and $10,000 for Mrs. Brandt. The order set child support for two children at $1,345 per month and spousal support at $1,000 per month. [ 2 ] Mr. Brandt’s affidavit in support of his application states that the recession in the oil and gas industry has resulted in a significant decline in his employment income. His 2014 line 150 income was $73,360. Mrs. Brandt now has income of $15,637. Mr.

Brandt’s 2015 income may be even lower, as he is undergoing some re-training, but I find the most reliable indicator of his earning capacity at this point in the year is his 2014 line 150 earnings. [ 3 ] These self-represented parties were not able to provide the court with Spousal Support Advisory Guidelines [ SSAG ] calculations and I reserved decision so that the SSAG information could be considered. [ 4 ] According to DivorceMate software calculations available to me through court resources, I have determined that, on the current incomes of $73,360 and $15,637 respectively, basic child support on the Federal Child Support Guidelines should be $1,112, and the range of spousal support suggested by SAAG is $364 to $766 per month for an indefinite duration, subject to variation and possible review, with a minimum duration of 6.5 years and a maximum of 13 years from the date of separation. [ 5 ] In the circumstances, I order that, effective April 1, 2015, basic child support is varied to $1,112 and spousal support is varied to $550.

I also order that the parties shall exchange employment and other income information every three months, commencing September 1, 2015 and continuing on the first day of every third month thereafter. Extraordinary expenses for the children will be contributed in the ratio of 80 percent by Mr. Brandt and 20 percent by Mrs. Brandt. [ 6 ] The parties will bear their own costs. “I.C. Meiklem J.” MEIKLEM J.