St. Hilaire v. St. Hilaire

St. Hilaire v. St. Hilaire

Severance pay retains its characterization as income for child support purposes even if transferred to RRSP or used to purchase assets; the applicant's total income for child support includes severance pay, pension and net profit from the woodworking business, constituting a material change in circumstances that justifies varying child support from $600 to $407 per month for the specified period, and entitling the court to order exchange of income documentation and proportionate sharing of special expenses.

Citation
2003 NSSC 336
Parties
Applicant / Respondent by Counter Application: Luc St. Hilaire; Respondent / Applicant by Counter Application: Melinda Darlene St. Hilaire
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 November 2003
Procedural Posture
Application Under Divorce Act to Vary Child Support / Application to Vary Terms of Corollary Relief Judgment Under S.17 (child Support)
Outcome
Application granted in part: child support varied downward based on court's income calculation; orders made for document exchange and sharing of special expenses.
Legal Topics
Variation of Child Support, Characterization of Severance Pay as Income, Calculation of Income From Business and Pension, Special and Extraordinary Expenses (orthodontics, Medication, Glasses)
Source Language
English
Family Law Child Support Divorce Act Variation of Child Support Characterization of Severance Pay as Income Calculation of Income From Business and Pension Special and Extraordinary Expenses (orthodontics, Medication, Glasses)

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Parties

Luc St. Hilaire

Applicant / Respondent by Counter Application

Melinda Darlene St. Hilaire

Respondent / Applicant by Counter Application

Procedural Posture

Application Under Divorce Act to Vary Child Support / Application to Vary Terms of Corollary Relief Judgment Under S.17 (child Support)

Legal Issues

  1. 1 Whether severance pay and related receipts (RRSP transfer) are to be included in income for child support calculation
  2. 2 Whether there has been a material change in circumstances to justify variation under s.17
  3. 3 How to calculate applicant's income including pension and business profits

Ratio Decidendi

Severance pay retains its characterization as income for child support purposes even if transferred to RRSP or used to purchase assets; the applicant's total income for child support includes severance pay, pension and net profit from the woodworking business, constituting a material change in circumstances that justifies varying child support from $600 to $407 per month for the specified period, and entitling the court to order exchange of income documentation and proportionate sharing of special expenses.

Court Disposition

Application granted in part: child support varied downward based on court's income calculation; orders made for document exchange and sharing of special expenses.

Orders

  • Child support reduced from $600 per month to $407 per month effective December 1, 2003 and continuing to November 1, 2004.
  • Parties to assume applicant's income beginning December 1, 2004 at $30,516 for planning purposes.