Sentences with phrase «resulting equalization payment»

As a matter of law, therefore, the calculation of the division of assets and resulting equalization payment must always precede any support analysis.

Not exact matches

The appellant husband argued that (1) the trial judge erred in how he ordered the equalization payment to be paid; and (2) this error led the trial judge to make a further error with respect to his costs award, as it resulted in the trial judge failing to properly assess the reasonableness of the appellant husband's offers to settle.

The motion judge held that, pursuant to s. 5 (6)(e) of the Family Law Act (which allows a judge to depart from the standard equalization payment calculation if the resulting amount would be «disproportionately large» in light of a cohabitation period of less than 5 years), the equalization payment that the wife would otherwise receive ($ 268,000) should be reduced to $ 60,000.

[As a result, the equalization payment owing to the appellant husband increased by $ 40,000.]