Hanrahan-Cox v. Cox

Hanrahan-Cox v. Cox

Spousal support received by the Mother must be excluded from her income for calculating table guideline child support, resulting in no table support payable by the Mother for 2011; however, for s.7 special expenses for two university-enrolled children the Mother's proportionate share (17.3% based on specified incomes) requires a contribution of $400 per month commencing June 1, 2011; private school expenses for the youngest child are not recoverable because necessity was not proven.

Citation
2011 NSSC 256
Parties
Respondent/petitioner: Catherine Pearl Hanrahan-Cox; Applicant/respondent: James Roderick Cox
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 June 2011
Procedural Posture
Family Division Child and Spousal Support / Judgment (amended)
Outcome
Prior decision amended: no table guideline child support payable by Mother for 2011; Mother ordered to pay $400 per month to Father for contribution to university expenses of two oldest children commencing June 1, 2011; private school expenses for youngest denied.
Legal Topics
Section 7 Expenses, Child Support Guidelines, Spousal Support Deduction From Income, University Expenses, Private School Necessity
Source Language
English
Family Law Child Support Spousal Support Child Maintenance Education Expenses Section 7 Expenses Child Support Guidelines Spousal Support Deduction From Income +2 more

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Parties

Catherine Pearl Hanrahan-Cox

Respondent/petitioner

James Roderick Cox

Applicant/respondent

Procedural Posture

Family Division Child and Spousal Support / Judgment (amended)

Legal Issues

  1. 1 Whether spousal support received should be included in income for calculating table guideline child support
  2. 2 Whether the Mother must contribute to s.7 special expenses for post-secondary education and in what proportion
  3. 3 Whether private school expenses for the youngest child are necessary and therefore recoverable

Ratio Decidendi

Spousal support received by the Mother must be excluded from her income for calculating table guideline child support, resulting in no table support payable by the Mother for 2011; however, for s.7 special expenses for two university-enrolled children the Mother's proportionate share (17.3% based on specified incomes) requires a contribution of $400 per month commencing June 1, 2011; private school expenses for the youngest child are not recoverable because necessity was not proven.

Court Disposition

Prior decision amended: no table guideline child support payable by Mother for 2011; Mother ordered to pay $400 per month to Father for contribution to university expenses of two oldest children commencing June 1, 2011; private school expenses for youngest denied.

Orders

  • No table guideline child support payable by Mother for 2011
  • Mother to pay $400.00 per month to Father commencing June 1, 2011 toward university expenses of the two oldest children