D.R.D. v. C.L.E.

D.R.D. v. C.L.E.

There was a material change in circumstances since the 1996 order (applicant showing no income since 2006); the applicant was not found to be intentionally underemployed given lack of licence, education and local opportunities; accordingly the court varied child support to $0 per month retroactive to January 1, 2006; the court has no authority to forgive arrears and did not make a finding as to the amount of arrears.

Citation
2012 NSFC 13
Parties
Plaintiff/applicant: D.R.D.; Defendant/respondent: C.L.E.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
13 June 2012
Procedural Posture
Family Court — Child Support Variation Application / Decision on Application (heard April 4, 2012; Decision June 13, 2012)
Outcome
Application granted in part: child support varied to $0 per month retroactive to January 1, 2006; no finding or forgiveness of arrears ordered
Legal Topics
Change in Circumstances, Retroactive Variation of Child Support, Imputation of Income/underemployment, Arrears Handling, Jurisdiction to Vary Orders
Source Language
English
Family Law Child Support Maintenance Enforcement Administrative Law (licensing Consequences) Change in Circumstances Retroactive Variation of Child Support Imputation of Income/underemployment Arrears Handling +1 more

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Parties

D.R.D.

Plaintiff/applicant

C.L.E.

Defendant/respondent

Procedural Posture

Family Court — Child Support Variation Application / Decision on Application (heard April 4, 2012; Decision June 13, 2012)

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of the 1996 child support order
  2. 2 Whether the Court has jurisdiction to vary child support retroactively and how arrears are to be treated
  3. 3 Whether the applicant is underemployed and whether income should be imputed

Ratio Decidendi

There was a material change in circumstances since the 1996 order (applicant showing no income since 2006); the applicant was not found to be intentionally underemployed given lack of licence, education and local opportunities; accordingly the court varied child support to $0 per month retroactive to January 1, 2006; the court has no authority to forgive arrears and did not make a finding as to the amount of arrears.

Court Disposition

Application granted in part: child support varied to $0 per month retroactive to January 1, 2006; no finding or forgiveness of arrears ordered

Orders

  • Child support varied to zero dollars per month effective January 1, 2006
  • No order forgiving arrears; court made no finding of the amount of arrears