Reply to: Jazmin K.

Clair* Paralegal: Savita Majhu

Email: jazmin@zukermanlaw.ca Email: savita@zukermanlaw.ca
File No. 35309
_____________________________________________________________________________________________________________________________________

February 13, 2024 VIA E-MAIL: bfrankln77@icloud.com

Brian Franklin
1660 53A Street
V4M 3G4, Delta, B.C.

Dear Mr. Franklin:

Re: Wadsworth and Franklin

We write in response to your various emails in January 2024.

Specifically, as per your email of January 31, 2024, we would like to assure you that we are not dragging this
on. We understand that you would like to propose a settlement offer. Ms. Wadsworth and her counsel had
initially requested disclosure. However, in their correspondence of February 8, 2024, they stated that they await
our offer to settle. We enclose the correspondence dated February 8, 2024 herein for your ease of reference.

As indicated, we do not recommend you propose an offer to settle until both you and Ms. Wadsworth have
exchanged satisfactory disclosure and have completed the pension valuations. Full financial disclosure is
essential for me to give you proper legal advice. As mentioned, I recommend doing a pension evaluation.
Giving Ms. Wadsworth “everything” does not necessarily mean you get everything. Child support is the right of
the children and is separate from property division. You cannot contract out of the obligation to pay child
support and offer property or lump-sum payments in lieu of monthly child support payments. As I have
previously mentioned, even if you and Ms. Wadsworth were to come to an “agreement” that no child support is
owed, either of you can come back years later and bring a court application for child support arrears.

I am still awaiting your bank statements for your RRSPs. If you choose to make an offer without full financial
disclosure, that decision is up to you, but it is one that I strongly do not recommend. Please let me know how
you wish to proceed with making a settlement offer.

I know that you are hoping to retire, and this decision is completely up to you. If you retire and are successfully
able to obtain 50/50 parenting time, then Ms. Wadsworth would pay you a set-off child support sum since her

*Denotes Personal Law Corporation

Suite 204 – 5446 152 Street Surrey, B.C. V3S 5J9 | Telephone: (604) 575.5464 | Facsimile: (778) 575.5464
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income is higher than yours. Please see attached three DivorceMate calculation scenarios based on a shared
parenting time arrangement with your income at $100,000, your income at $60,000 and $30,000 (an estimate of
minimum wage).

1. Scenario 1: Laura’s income at $161,679.08 and your income at $100,000: Laura pays you a set-off
amount of $775; and
2. Scenario 2: Laura’s income at $161,679.08 and your income at $60,000: Laura pays you a set-off
amount of $1,366; and
3. Scenario 3: Laura’s income at $161,679.08 and your income at $30,000: Laura pays you a set-off
amount of $1,813.

Furthermore, Ms. Wadsworth’s income is probably higher as her counsel used her paystub of $6,173.08 as
opposed to the higher paystub of $6,790.39. The average of those two Paystubs would make Ms. Wadsworth’s
income $168,525.11. We will be able to better determine Ms. Wadsworth’s income once we obtain her T4
Statement of Remuneration Paid (slip).

However, as mentioned before as well, if you decide to retire, an income can still be imputed to you. There are
many factors to consider some of them being:

1. The age of the parent: whether you are approaching or past the age of 65;
2. The ages of the children: even if you are at the ‘normal retirement age’ you have young children who
are going to be dependent on you for a number of years to come;
3. The health of the parent: whether you have any serious physical or mental health issues that prevent
you from working or if there are no reasonable alternative work opportunities for you; and
4. The intentions of the parties and plans for retirement: Before you and Ms. Wadsworth separated, did
you have any plans to retire at a specific age? Have you made any plans to provide for your children
upon retirement?

We would like to direct you to a few case studies such as Murphy v. Murphy 2000 BCSC 974, Wilson v. Wilson
2009 BCSC 1777 and Wallace v. Wallace 2000 BCCA 81, further judgement 2002 BCSC 949. In Wallace v.
Wallace 2000 BCCA 81, further judgement 2002 BCSC 949 19 Section 19 (I) (a) of the Guidelines provides
that when a parent is intentionally under-employed or unemployed, then income can be imputed, except when
the under-employment or unemployment is required by the needs of a child under the age of majority. When the
court is satisfied that the needs of a child require the parent’s full- or part-time care, the principles of imputing
income will not apply. In determining whether the child requires the parent’s full- or part-time care, the views
of the parent are entitled to significant weight. Please advise if you would like copies of the case law.

Imputation of income can either be higher, lower or remain the same depending on the circumstances. The court
may also very well accept you as retired and not impute an income. The courts’ decisions can be unpredictable
and vary case by case.

*Denotes Personal Law Corporation

Suite 204 – 5446 152 Street Surrey, B.C. V3S 5J9 | Telephone: (604) 575.5464 | Facsimile: (778) 575.5464
 3

In terms of parenting coaching, as mentioned in a previous email, I highly recommend you retain a parenting
coach as it will be beneficial not only to your children but also to your family law matter. Ms. Wadsworth
wishes to proceed with Abby Petterson, and as discussed in your in-person meeting with me, you advised you
were okay with either parenting coach. Please review the availability and let us know if you are available for
any of the proposed dates.

There is online booking available: https://pettersonandassociates.janeapp.com/login

An appraisal of the Family Home will need to be conducted; as mentioned in our email of January 31, 2024,
Ms. Danaei proposed using Cunningham Appraisals, and I am agreeable to using them. Your suggestion of
using three realtors will not be sufficient, and Ms. Wadsworth will likely not agree with this suggestion.

As mentioned, various times, we would like to inform you again to refrain from selling any assets you may
have.

We also understand your concern about legal fees. If two parties are not amicable and do not agree on terms,
legal fees can become costly; as per the signed Retainer Agreement, my hourly rate is $225+ tax, and my
Paralegal, Savita’s, is $125+ tax.

We look forward to hearing from you in respect to the above.

Yours truly,
ZUKERMAN LAW GROUP
Per:

JAZMIN K. CLAIR
JKC/sm
Cc: client
Encls.

*Denotes Personal Law Corporation

Suite 204 – 5446 152 Street Surrey, B.C. V3S 5J9 | Telephone: (604) 575.5464 | Facsimile: (778) 575.5464