R.S. v. D.M.

R.S. v. D.M.

The daycare expense was not a recoverable add-on under s.7 because the enumerated list in s.7 is exhaustive and the applicant failed to prove that the daycare expense was "incurred as a result of employment" or that it constituted an "educational program" meeting a "particular need" and shown to be necessary and...

Source-derived case information.

Citation
2006 NSFC 46
Parties
Applicant (mother): R. S.; Respondent (father): D. M.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
8 December 2006
Procedural Posture
Family Court Child Maintenance / Decision (trial on Affidavits and Submissions)
Outcome
Daycare expense not covered by s.7 of the Child Maintenance Guidelines; no contribution ordered. Respondent ordered to pay child support arrears forthwith as calculated.
Legal Topics
Extraordinary Expenses, Daycare Costs, Maternity Leave, Educational Program Classification, Arrears Calculation
Source Language
english
Family Law Child Support Child Maintenance Guidelines Extraordinary Expenses Daycare Costs Maternity Leave Educational Program Classification Arrears Calculation

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Parties

R. S.

Applicant (mother)

D. M.

Respondent (father)

Procedural Posture

Family Court Child Maintenance / Decision (trial on Affidavits and Submissions)

Legal Issues

  1. 1 Whether daycare costs while a parent is on maternity leave are "incurred as a result of that parent’s employment" under s.7(1)(a) of the Child Maintenance Guidelines
  2. 2 Whether ordinary daycare qualifies as an "educational program" under s.7(1)(d) and meets a child's "particular needs"
  3. 3 Whether the parent's need to tend to a new infant creates a "particular need" for the older child to attend daycare

Ratio Decidendi

The daycare expense was not a recoverable add-on under s.7 because the enumerated list in s.7 is exhaustive and the applicant failed to prove that the daycare expense was "incurred as a result of employment" or that it constituted an "educational program" meeting a "particular need" and shown to be necessary and reasonable; accordingly no contribution was ordered. The court also calculated and ordered payment of child support arrears as set out in the decision.

Court Disposition

Daycare expense not covered by s.7 of the Child Maintenance Guidelines; no contribution ordered. Respondent ordered to pay child support arrears forthwith as calculated.

Orders

  • No contribution ordered from the Respondent toward the Applicant's daycare costs under section 7 of the Child Maintenance Guidelines
  • Respondent to pay child support arrears calculated through November 30, 2006; as computed by the court total due for March 1 to November 30, 2006 was $6,721.40 and arrears as of the hearing were $1,237.40 (if the November payment was subsequently made arrears would be $328.08); arrears shall be paid forthwith