“The appellant submits that the trial judge made an error in principle when she failed to consider Halliwell in calculating his income for the purposes of spousal support. He asserts that, in cases where a payor’s income exceeds $350,000, Halliwell requires the court to calculate the payor’s income based on the mid-way point between the SSAGs “cap” and the payor’s actual income. That mid-way point should then be used to determine the appropriate range for support. The appellant contends that the trial judge’s order goes beyond the so-called “Halliwell range” and that if she had appropriately assessed the respondent’s needs and means, she would not have awarded spousal support at all.
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Halliwell does not require the court to impute the payor’s income at the mid-way point between the SSAGs “cap” and the payor’s actual income. Rather, Halliwell, at para. 116, emphasizes what the SSAGs have always stated: “Above the $350,000 ceiling, an additional formula range is created: appropriate income inputs range anywhere from $350,000 to the full income amount. Entitlement is important to determine a location within that range” (emphasis added).”