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"I gratefully acknowledge my debt to DIVORCEmate and to Mr. Mark Harris its president, who freely assisted me in the use of the company's programs, in order that I could accurately and confidently assess the impact of possible awards on the families in question. The program is a Godsend to any judge or practitioner involved in family dispute resolution." The Hon. Mr. Justice Kenneth Langdon, "The task of determining spousal support has been made considerably simpler since publication of the Spousal Support Advisory Guidelines (SSAG) and the use of the DIVORCEmate software." "At the lower end of the range, DIVORCEmate calculates the Plaintiff would have a Net Disposable Income (NDI), after payment of support and taxes of $3,620 monthly (before extraordinary expenses) as against the Defendant’s NDI of $3,298 monthly. At the upper end of the range, the Plaintiff’s NDI is $3,226 (before extraordinary expenses) as against $3,162 for the Defendant." "By my calculation (through DIVORCEmate) the Plaintiff and Defendant will have approximately the same net disposable incomes after taxes and payment or receipt of support." The Honorable Master McCallum "As you know I have always been a big fan and a big supporter of DIVORCEmate. I have told many people over the years how good it is. I hope counsel will continue to use DIVORCEmate and bring their calculations into my court on a regular basis." The Hon. Mr. Justice Robert J. Spence, with permission "… the passing reference to the issue in Robillard. Without more information, the analysis in Baum is of little assistance. [221] The DIVORCEmate calculations provided by Mr. Thorsteinsson show at item 7(3) that the change in Ms. Heisler's Canada Child Tax Benefit and GST refund is ..."
The Honourable Madam Justice Gray "I just installed Tools+ and went for a "test drive" – WOW! This is some great software…" Unsolicited endorsement of a judge of "Mark – Just a note to let you know I have installed the new software that you sent. Thank you. I hope you know how much we all appreciate the work you have done and your efforts to ensure that this is available to the judiciary. You have done a wonderful service to the profession and certainly to the judges in developing this program. The old program was great – the new one is incredible. The printouts will continue to be invaluable to us in dealing with support issues"
The Hon. Mme. Justice Ramona Wildman, with permission "Ms. Morris suggests that the past spousal support be reduced by one half to the amount of $250.00 per month. [29] I have used the DivorceMate calculator to try and determine the net available income to each of the parties if spousal support were ordered. It would appear that if ..." The Honourable Mr. Justice Powers.
B.C. Supreme Court "For reasons that escape me, no one filed a SUPPPORTmate calculation with the court. It is my view that it should be up to the lawyers to do so. Judges should not have to do the number crunching on their own, after the fact. If, after reviewing my reasons, the applicant wishes to pursue the matter of spousal support, she should make brief written submissions thereon, with accompanying SUPPORTmate schedules. Subject to that, I am "functus." The parties may make written submissions regarding costs, if they so desire."
The Hon. Mr. Justice D. Roger Timms "As a starting point in the analysis of the amount to be paid it is useful to look at the amounts suggested in the Spousal Support Advisory Guidelines issued by the Department of Justice in January 2005. I have had the advantage in this application of calculations from the CHEQUEmate Spousal Support Guidelines Calculator – 2005 (SSAG) offered by Divorcemate Software Inc." The Honorable Master McCallum " … I’m not sure how many people routinely read and apply Schedule III (Adjustments to Income). So long as you use your trusty DIVORCEmate software (The DIVORCEmate GUIDEline Calculator) (or whatever you use) there’s no problem because the program will do the entire Schedule III work for you. You just fill in the blanks as they come up. The problems (with Schedule III) begin when some people start to think for themselves." The Late Professor Jay McLeod, E-Carswell newsletter "The methodology for assessment of quantum that is expressly being adopted in an increasing number of these cases in Ontario of support is a direct comparison of net disposable incomes using calculations generated by computer-based systems (such as SUPPORTmate or DIVORCEmate).
Professor Carol Rogerson "Mr. Andrews' real complaint, however, is that after taking into account how much he must pay for child support, the spousal support order is simply too high. The issue is not need -- Mrs. Andrews needs this amount of support -- but affordability. In fixing spousal support, the trial judge had the benefit of the SUPPORTmate calculations. These calculations show that the basic child support order and the spousal order of the trial judge yield a monthly disposable income of $4,619 for Mr. Andrews and a monthly disposable income of $5,860 for Mrs. Andrews." Andrews v. Andrews, Doc.CA C29538, (Ont. C.A.) "… and acknowledging that I am not an accountant, there will be liberty to either party to apply to fix the amount of spousal support on the basis of more complete and accurate calculations using the figures I have found to be Mrs. Poon's income and expenses. The calculation is to be done either by an accountant or using the DIVORCEmate software.
The Hon. Mme. Justice Georgina Quijano "… the parties, the plaintiff claims annual expenses, not including income tax and other statutory deductions, totaling $50,790. Using the DIVORCEmate software I have determined that the plaintiff should have a net disposable income, including child support of approximately $52,600 per ... " "... Adding the annual child support payments ($5,236 per year as of May 2006) brings the expenses as claimed to $39,088 per year. Using the DIVORCEmate software I have determined that the defendant should have a net disposable income, including child support of approximately $24,528 per ... " "... of living is to compare the standard of living ratios computed in accordance with Schedule III of the Child Support Guidelines. Using the DIVORCEmate software, it appears to me that the parties would have approximately equal standard of living ratios if the spousal support amount was ... " The Honourable Mr. Justice Joyce "... account the effect of the deduction for income tax purposes that they provide to the defendant, that is to be shared. [6] Using the DIVORCEmate software, I have determined that the amount of child support payable by the defendant to the plaintiff is: (a) Basic support ... "
The Honourable Mr. Justice Joyce "In all of the circumstances, I find that the wife is entitled to a modest standard of living consistent with that which the parties enjoyed during the marriage. To achieve that modest standard, she will require on-going spousal support. Currently, the husband is capable of providing that support, based on the SUPPORTmate Maintenance software planner statement provided by the wife's counsel."
The Hon. Mme. Justice Pamela Kirkpatrick "It is noteworthy that during the time the parties' salaries were $83,000 and $26,000 respectively and Mr. Campbell was paying spousal support of $1,200 in addition to child support of $654, this resulted in Ms. Campbell having a slightly higher net disposal income than Mr. Campbell, according to the computer-generated schedule provided by Mr. Repstock utilizing the SUPPORTmate Maintenance Planner software." The Hon. Mr. Justice Ian Meiklem "Counsel have not provided me with the calculations that would be available to them through the use of a computer program such as Divorcemate showing the disposable income of both of the parties, so that I could easily compare that to their expenses... I have attempted to do some of those calculations on my own, and by my calculations I have determined the following…" The Hon. Mr. Justice Robert Powers "If the reduction to $374 is granted, this deductibility will cease. A DIVORCEmate GUIDEline Calculator comparison indicates that the payor will benefit by $171 per month. The payee's counsel describes this benefit to the payor as "peanuts" compared with the impact of a reduction of $451 per month on the child Alexander". The Hon. Mr. Justice Robert Edwards "… I’m not sure how many people routinely read and apply Schedule III (Adjustments to Income). So long as you use your trusty DIVORCEmate software (The DIVORCEmate GUIDEline Calculator) (or whatever you use) there’s no problem because the program will do the entire Schedule III work for you. You just fill in the blanks as they come up. The problems (with Schedule III) begin when some people start to think for themselves." - The Late Professor Jay McLeod, E-Carswell newsletter "In fairness, Greer J. acknowledged that she did not have the benefit of SUPPORTmate calculations in deciding spousal support. As the result makes clear, counsel should routinely provide calculations showing the parties' disposable after-tax and support incomes which may have resulted in a different spousal support order, especially where a court has to take into account child support, which is paid in after-tax dollars, and spousal support, which is paid in pre-tax dollars." The Late Professor Jay McLeod, Commentary 30 R.F.L. Spousal Support Advisory GuidelinesIn her reasons for Judgment, the Honourable Madam Justice Newbury of the BC Court of Appeal (2006 BCCA 338) in Redpath v. Redpath commented on the Spousal Support Advisory Guidelines: "For that reason, like Madam Justice Martinson and many other judges, I have no hesitation in viewing the Advisory Guidelines as a useful tool to assist judges in assessing the quantum and duration of spousal support. They do not operate to displace the courts' reliance on decided authorities (to the extent that relevant authorities are forthcoming) but to supplement them. In that regard, they do not constitute evidence, but are properly considered as part of counsels' submissions. " Counsel for both the Appellant and Respondent are DIVORCEmate clients. In her reasons for Judgment, the Honourable Madam Justice Prowse of the BC Court of Appeal (2005 BCCA 406) in Yemchuk v. Yemchuk commented on the Spousal Support Advisory Guidelines: "It should also be stressed that the Advisory Guidelines are intended to reflect the current law, rather than to change it. They were drafted by the authors after extensive analyses of the authorities regarding spousal support across the country, particularly the Moge and Bracklow decisions and those following thereafter. As recently as July 2005, in the recent decision of W. v. W., 2005 BCSC 1010, [2005] B.C.J. No. 1481 (QL), Madam Justice Martinson reviewed numerous decisions in British Columbia following Moge and Bracklow and stated (at para. 25) that in her view, the Advisory Guidelines were in accordance with those authorities. While decisions can undoubtedly be found in which the result would not accord with the Advisory Guidelines, I am satisfied that their intention and general effect is to build upon the law as it exists, rather than to present an entirely new approach to the issue of spousal support. For that reason, like Madam Justice Martinson and many other judges, I have no hesitation in viewing the Advisory Guidelines as a useful tool to assist judges in assessing the quantum and duration of spousal support. They do not operate to displace the courts' reliance on decided authorities (to the extent that relevant authorities are forthcoming) but to supplement them. In that regard, they do not constitute evidence, but are properly considered as part of counsels’ submissions. Counsel for both the Appellant and Respondent are Divorcemate clients. In W. v. W., Counsel for the Plaintiff was a DIVORCEmate client. Counsel for the Defendant is now a DIVORCEmate client. According to the authors of the Spousal Support Advisory Guidelines Draft Proposal ("SSAG"), you will need software to properly calculate the "With Child Support Formula" for spousal support ranges. Our CHEQUEmate Spousal Support Guidelines Calculator is by far the choice of the BC legal profession. In fact, the authors of SSAG exclusively use our CHEQUEmate software. "He then argues that looking at the ChequeMate calculations the respondent should only fall within the lower category since with his current payments of $2,400 per month he is constantly falling further into debt." Stewart v. Tudorachi, 2006 CarswellOnt 1355 (OSCJ) Plantana J. "In applying the advisory guideline formula in this case (with DIVORCEmate), the appropriate range for spousal support would require Mr. Morgan to pay between $329 to $546 per month to Ms. Morgan." "DIVORCEmate actually shows he will have individual net disposable income of $1,992." Morgan v. Morgan, 2006 CarswellNfld 9 (N&L S.C.) LeBlanc J. "I have used the DivorceMate calculator to try and determine the net available income to each of the parties if spousal support were ordered." Morris v. Morris, 2006 CarswellBC 1686 (BCSC), Powers J. "The respondent seeks a lump sum $100,000 for spousal support. The calculation that led to that was based on $5,500 per month for 12 years, "discounted" for tax purposes. There was no actual actuarial or accounting evidence led. Counsel did file both Supportmate and Chequemate calculations." Niemi v. Maier, 2006 CarswellOnt 4019 (OSCJ), Timms J. NOTE: This is exactly what our new SUMmate - Quantum vs. Duration Analyser software will help to solve! "Accordingly, I would ask each party to make written submissions on the issue of child support and s.7 expenses on a go forward basis so that I may make the appropriate order. I would ask both parties to use Divorcemate calculations in their submissions." Andrade v. Kennelly, 2006 CarswellOnt 3762 (OSCJ), Young J. "... According to the figures provided by counsel (based on the Supportmate Maintenance Planner -- 2005), the net result of the application of the Advisory Guidelines would be …" 2006 CarswellBC 3043, N. (M.L.) v. N. (D.), (BCCA), Levine J.A., Low J.A., and Prowse J.A. "Counsel for Mr. Smylie produced a number of calculations under the Spousal Support Advisory Guidelines and calculations using the Supportmate software. … The Supportmate calculations indicate that …" 2006 CarswellOnt 7456, Smylie v. Smylie, (OSCJ), Shaw J. "I have considered the Chequemate Spousal Guidelines for what an appropriate amount of spousal support would be, based on the figures outlined in paragraph 16." 2006 CarswellOnt 7496, Soper v. Soper, (OSCJ), Matheson J. "Encouraged by the Court of Appeal in Redpath (para. 20, above), I have processed a SSAG analysis with the assistance of DIVORCEmate software." 2006 CarswellBC 2834, Bos v. Bos, BC M, Master Baker "I have used the Divorcemate software to try to estimate the net day care cost to be shared by the parties." 2006 CarswellBC 3158, H. (M.G.) v. H. (S.), (BCSC), Joyce J. "Plaintiff's counsel submitted several "Support Mate" calculations based on varying levels of income. The "with child support" calculation, most reflective of my findings, is based on a gross income for the plaintiff of $80,000 and for the defendant of $275,769." 2006 CarswellBC 2758, Galloway v. Galloway, (BCSC), Macaulay J. |
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