A Langley man has been ordered to pay his ex-wife more than half a million dollars in support payments after a BC Supreme Court judge found he had significantly under-reported his income and assets.
Donna Darlene Williams became pregnant while in Grade 10 and dropped out of school. After the birth of their son in June 1974, she and Michael James Williams lived together. They were married in February 1982, and daughter Jennifer was born May 26, 1982. Both are now 62.
Justice Trevor Armstrong said the marriage “was tumultuous punctuated by frequent incidents of physical abuse of the Donna by Michael.
Armstrong said Michael was also financially controlling and refused to allow her a bank account.
During the marriage, he directly or indirectly acquired a number of properties, and developed the roofing and drainage businesses he carried out through different corporate entities.
Armstrong said that in 1994, Michael “inveigled the claimant to sign a very disadvantageous marriage agreement” that “dramatically limited the claimant’s entitlement to a share of family assets in the event of separation.”
The couple separated intermittently and eventually divorced in 1995.
“Overall, the marriage was tumultuous and the claimant was heavily influenced by the respondent’s violent temper and drinking,” Armstrong said. “She feared him.”
A judge had ordered in 2008 that Donna receive $1,418,251.44. She was also awarded the $4,500 per month in spousal support and $18,000 in spousal support arrears.
Michael appealed and the couple entered into a settlement agreement.
Armstrong said between August 2015 and January 2017 the respondent paid $1,800 per month spousal support. From February 2017 and March 2018 he paid $2,100.
“He has paid no spousal support from March 2018 to the present,” Armstrong said. “The arrears of spousal support to January 2019 are $129,500.”
Michael said he wanted to terminate spousal support after December 2019 as he intended to wind up his business and retire.
Donna sought a lump sum payment from him to remove difficulties in obtaining payment.
Michael responded the order should change as he has experienced a change in his material circumstances.
Armstrong said Michael’s assets are valued at $4,256,500. The judge also noted Michael as sole owner of shares in a company that purchased a warehouse in Chilliwack.
He also receives a WorkSafeBC disability pension.
Armstrong noted the previous judge said Michael was not forthcoming in disclosing income and assets. He said he had not discharged his burden to prove a change in his circumstances.
“I am not persuaded the respondent has demonstrated a significant change in circumstances from 2010 to 2018 and I dismiss his application to vary or change the amount of spousal support during that time,” Armstrong said.
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