Robertson v. Delorenzo

Robertson v. Delorenzo

There was a material change in circumstances from August 1999 justifying variation; mother’s move and loss of income was self-induced and not a reasonable educational/health need so the court imputed her income to $42,000 for 1999-2001 under s.19(1); accordingly the court awarded retrospective and ongoing guideline...

Source-derived case information.

Citation
2002 NSSF 9
Parties
Applicant/respondent: Gregory Anthony Robertson; Respondent/applicant: Toni Delorenzo
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 November 2001
Procedural Posture
Family Law Child Support Variation / Variation Hearing Decision (final Judgment)
Outcome
Application to vary child support granted in part; mother's income imputed and orders made for guideline support, prorated post-secondary contributions, and costs awarded to father.
Legal Topics
Child Maintenance, Post Secondary Expenses (section 7), Imputing Income (guidelines S.19), Variation of Court Order/separation Agreement, Costs
Source Language
english
Family Law Child Support Separation Agreement Income Imputation Child Maintenance Post Secondary Expenses (section 7) Imputing Income (guidelines S.19) Variation of Court Order/separation Agreement +1 more

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Parties

Gregory Anthony Robertson

Applicant/respondent

Toni Delorenzo

Respondent/applicant

Procedural Posture

Family Law Child Support Variation / Variation Hearing Decision (final Judgment)

Legal Issues

  1. 1 Whether there was a material change in circumstances entitling variation of child support
  2. 2 Whether the court is bound by the separation agreement as it relates to children
  3. 3 Whether the mother’s income should be imputed under s.19(1) of the Child Support Guidelines

Ratio Decidendi

There was a material change in circumstances from August 1999 justifying variation; mother’s move and loss of income was self-induced and not a reasonable educational/health need so the court imputed her income to $42,000 for 1999-2001 under s.19(1); accordingly the court awarded retrospective and ongoing guideline support, prorated post-secondary expenses shared by income, directed specific monthly payments for defined periods, ordered the father to retain certain tax benefits to mitigate arrears and awarded costs to the father.

Court Disposition

Application to vary child support granted in part; mother's income imputed and orders made for guideline support, prorated post-secondary contributions, and costs awarded to father.

Orders

  • TFD's income imputed at $42,000 for 1999, 2000 and 2001 for child support calculation purposes
  • TFD to pay $350.00 per month from August 1999 to April 2002 for TBR (reflecting guideline amounts and time spent with father)