Lamarche v. Lamarche

Lamarche v. Lamarche

No material change justified varying custody or imposing joint custody; child remains in mother's primary care. A six‑month period of living with the father constituted a material change for determining the recipient of child maintenance; respondent (mother) owed retroactive table support of $284/month from Jan 1, 2010 to June 1, 2010 ($1,704). The father’s income was imputed at $20,000/year for guideline purposes resulting in a table amount of $161/month; set off calculations applied leading to a net balance owing to the father of $1,382 payable over 30 months at $46/month (last payment $48) beginning March 1, 2011. Arrears cannot be forgiven under the Maintenance and Custody Act absent...

Citation
2011 NSSC 72
Parties
Applicant (father): Shawn Lamarche; Respondent (mother): Kimberly Lamarche
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 February 2011
Procedural Posture
Variation Application Under the Maintenance and Custody Act (custody and Child Support) / Decision Following Hearing/trial (february 2, 2011)
Outcome
Application to change primary care and order joint custody denied in part; child remains in mother's primary care; variation applications concerning child support and expenses granted in part and detailed financial orders made.
Legal Topics
Variation, Material Change, Imputation of Income, Child Maintenance Guidelines, Retroactive Support, Arrears, Allocation of Special Expenses, Credibility Assessment
Source Language
English
Family Law Child Support Custody Maintenance Enforcement Variation Material Change Imputation of Income Child Maintenance Guidelines +4 more

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Parties

Shawn Lamarche

Applicant (father)

Kimberly Lamarche

Respondent (mother)

Procedural Posture

Variation Application Under the Maintenance and Custody Act (custody and Child Support) / Decision Following Hearing/trial (february 2, 2011)

Legal Issues

  1. 1 Whether there was a material change to justify varying custody/primary care
  2. 2 Whether variation of child support recipient was warranted for the period the child lived with the father
  3. 3 Whether arrears of child support can be forgiven under the Maintenance and Custody Act

Ratio Decidendi

No material change justified varying custody or imposing joint custody; child remains in mother's primary care. A six‑month period of living with the father constituted a material change for determining the recipient of child maintenance; respondent (mother) owed retroactive table support of $284/month from Jan 1, 2010 to June 1, 2010 ($1,704). The father’s income was imputed at $20,000/year for guideline purposes resulting in a table amount of $161/month; set off calculations applied leading to a net balance owing to the father of $1,382 payable over 30 months at $46/month (last payment $48) beginning March 1, 2011. Arrears cannot be forgiven under the Maintenance and Custody Act absent...

Court Disposition

Application to change primary care and order joint custody denied in part; child remains in mother's primary care; variation applications concerning child support and expenses granted in part and detailed financial orders made.

Orders

  • Child to remain in the primary care of Kimberly (mother); no joint custodial order imposed.
  • Kimberly to have paid child maintenance at table rate $284.00 per month from January 1, 2010 until June 1, 2010 (total $1,704.00) (recognized as owed).