Hill v. Hill

Hill v. Hill

The Court dismissed the appeal and cross-appeal, holding the trial judge did not err in using the income reported on line 150 for Guideline purposes, did not misinterpret the father's trial position consenting to pay the full table amount, and properly exercised discretion in refusing a full revaluation while making targeted adjustments for losses and improper withdrawals (including ordering repayment of dividends). The judge's costs award was within discretion. A review of child support based on current incomes was ordered rather than immediate variation.

Citation
2003 NSCA 33
Parties
Appellant; Respondent on Cross Appeal: William Kent Hill; Respondent; Appellant on Cross Appeal: Tara Mia Madonna Hill
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
5 March 2003
Procedural Posture
Divorce Ancillary Matters: Child Support and Division of Matrimonial Property / Appeal and Cross Appeal to Nova Scotia Court of Appeal From Supreme Court Trial and Corollary Relief Orders
Outcome
Appeal and cross-appeal dismissed; trial court orders largely affirmed with targeted adjustments; order for review of child support based on current incomes
Legal Topics
Child Support Guidelines (income Determination, Shared Custody, Imputation), Valuation and Division of Business Assets, Adjustments for Delay in Asset Transfer, Unilateral Dividends and Remedies, Standard of Appellate Review, Costs Assessment
Source Language
English
Family Law Child Support Matrimonial Property Corporate/share Valuation Civil Procedure Appeals Costs Child Support Guidelines (income Determination, Shared Custody, Imputation) Valuation and Division of Business Assets +4 more

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Parties

William Kent Hill

Appellant; Respondent on Cross Appeal

Tara Mia Madonna Hill

Respondent; Appellant on Cross Appeal

Procedural Posture

Divorce Ancillary Matters: Child Support and Division of Matrimonial Property / Appeal and Cross Appeal to Nova Scotia Court of Appeal From Supreme Court Trial and Corollary Relief Orders

Legal Issues

  1. 1 Whether the trial judge erred in using line 150 (total income) of the father's tax return for Guideline child support calculations
  2. 2 Whether s.9 of the Federal Child Support Guidelines (shared custody) required reduction of the table amount
  3. 3 Whether the trial judge erred in refusing a revaluation of franchises and in the adjustments made for the delay in share transfer

Ratio Decidendi

The Court dismissed the appeal and cross-appeal, holding the trial judge did not err in using the income reported on line 150 for Guideline purposes, did not misinterpret the father's trial position consenting to pay the full table amount, and properly exercised discretion in refusing a full revaluation while making targeted adjustments for losses and improper withdrawals (including ordering repayment of dividends). The judge's costs award was within discretion. A review of child support based on current incomes was ordered rather than immediate variation.

Court Disposition

Appeal and cross-appeal dismissed; trial court orders largely affirmed with targeted adjustments; order for review of child support based on current incomes

Orders

  • Appeal and cross-appeal dismissed
  • Order that Mr. Hill continue paying child support in amount ordered by Justice Haliburton until a review is held