Lindsay-Graham v. Lindsay

Lindsay-Graham v. Lindsay

The CRO mandated annual adjustment based on the previous year's income so retroactive variation could not commence earlier than the CRO adjustment date; blameworthy non-disclosure justified examining the period from July 1, 2015; child support calculations follow prior-year Line 150 income per the CRO and Guidelines; most of the payor's claimed unilateral expenditures did not qualify as set-off credits or section 7 expenses and the provable credit was limited to $6,905.46; accounting for delay, acquiescence, children’s circumstances and payor’s means, retroactive arrears were reduced to a fair remedial figure of $250,000; parenting was found to be shared (each parent at least 40%); summer...

Citation
2023 NSSC 197
Parties
Petitioner/respondent: Melanie Janet Lindsay-Graham; Respondent/applicant: Robert Dewar Lindsay
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 June 2023
Procedural Posture
Divorce / Family Variation (child Support and Parenting) / Final Hearing Judgment
Outcome
Judgment for respondent in part: retroactive child support awarded, parenting orders clarified, and directions for ongoing support.
Legal Topics
Retroactive Child Support, Section 7 Expenses, Non Disclosure / Blameworthy Conduct, Variation / Material Change in Circumstances, Shared Vs Split Parenting, Contino Analysis, Voice of the Child, Right of First Refusal
Source Language
English
Family Law Child Support Parenting Divorce Civil Procedure Disclosure Retroactive Child Support Section 7 Expenses +6 more

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Parties

Melanie Janet Lindsay-Graham

Petitioner/respondent

Robert Dewar Lindsay

Respondent/applicant

Procedural Posture

Divorce / Family Variation (child Support and Parenting) / Final Hearing Judgment

Legal Issues

  1. 1 Appropriate period for retroactive child support
  2. 2 Basis for calculating retroactive child support
  3. 3 Credits for expenses paid by payor

Ratio Decidendi

The CRO mandated annual adjustment based on the previous year's income so retroactive variation could not commence earlier than the CRO adjustment date; blameworthy non-disclosure justified examining the period from July 1, 2015; child support calculations follow prior-year Line 150 income per the CRO and Guidelines; most of the payor's claimed unilateral expenditures did not qualify as set-off credits or section 7 expenses and the provable credit was limited to $6,905.46; accounting for delay, acquiescence, children’s circumstances and payor’s means, retroactive arrears were reduced to a fair remedial figure of $250,000; parenting was found to be shared (each parent at least 40%); summer...

Court Disposition

Judgment for respondent in part: retroactive child support awarded, parenting orders clarified, and directions for ongoing support.

Orders

  • Mr. Lindsay shall pay retroactive child support to Ms. Lindsay-Graham in the amount of $250,000.
  • Parenting is confirmed as a shared parenting arrangement.