Smith-Bedard v. Bedard

Smith-Bedard v. Bedard

Because the father was properly served, failed to attend, the separation agreement allocated custody to the mother, and the father had minimal contact and inconsistent payments, the court granted interim sole custody to the mother, set interim child support based on the father's known 2008 income of $80,000 using table amounts (Nova Scotia tables to be adjusted to Alberta tables) and ordered disclosure of income tax documentation and continuation of medical coverage for the children.

Citation
2012 NSSC 196
Parties
Applicant (mother): Melissa S. Smith-Bedard; Respondent (father): Dale Cy Bedard
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 June 2012
Procedural Posture
Family Law Custody and Child Support / Interim Hearing (oral Decision)
Outcome
Interim sole custody awarded to mother; interim child support ordered; father ordered to provide income disclosure and maintain medical coverage; retroactive support reserved.
Legal Topics
Interim Custody, Interim Child Support, Enforcement of Separation Agreement, Disclosure of Income Tax Records, Medical Benefits for Children, Jurisdictional Adjustment of Table Amounts
Source Language
English
Family Law Child Support Custody Maintenance Enforcement Interim Relief Income Disclosure Interim Custody Interim Child Support +4 more

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Parties

Melissa S. Smith-Bedard

Applicant (mother)

Dale Cy Bedard

Respondent (father)

Procedural Posture

Family Law Custody and Child Support / Interim Hearing (oral Decision)

Legal Issues

  1. 1 Whether to grant interim sole custody to the mother
  2. 2 Whether to set interim child support and on what income basis
  3. 3 Whether to order disclosure of the father's income tax records

Ratio Decidendi

Because the father was properly served, failed to attend, the separation agreement allocated custody to the mother, and the father had minimal contact and inconsistent payments, the court granted interim sole custody to the mother, set interim child support based on the father's known 2008 income of $80,000 using table amounts (Nova Scotia tables to be adjusted to Alberta tables) and ordered disclosure of income tax documentation and continuation of medical coverage for the children.

Court Disposition

Interim sole custody awarded to mother; interim child support ordered; father ordered to provide income disclosure and maintain medical coverage; retroactive support reserved.

Orders

  • Interim sole custody granted to the mother (Melissa S. Smith-Bedard) with access to be agreed upon at reasonable times and on reasonable notice.
  • Interim child support set at $1,441 per month based on an $80,000 income per Nova Scotia tables, to be adjusted to reflect Alberta tables, and payable by the father forthwith.