A.S. v. J.C.

A.S. v. J.C.

The temporary reduction in A.S.'s income due to a work injury did not constitute a material change of circumstances under s.37, but other factors (increase in income since 1999 and removal of prior childcare obligation) did; applying the undue hardship principle, the court fixed support at one-quarter of the four-child Guidelines amount based on A.S.'s 2002 income ($218/month effective May 1, 2003) and ordered a temporary reduced payment of $124/month while he receives Workers Compensation, with the unpaid portion to accrue as arrears payable after his return to employment.

Citation
2003 NSSF 14
Parties
Applicant/respondent: A.S.; Respondent/applicant: J.C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 May 2003
Procedural Posture
Child Support Variation / Variation Application (hearing)
Outcome
Application partly granted: support varied to $218/month effective May 1, 2003; temporary payment of $124/month until A.S. returns to employment with arrears accruing.
Legal Topics
Variation of Maintenance, Undue Hardship, Child Support Guidelines, Change of Circumstances
Source Language
English
Family Law Child Support Maintenance Variation of Maintenance Undue Hardship Child Support Guidelines Change of Circumstances

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Parties

A.S.

Applicant/respondent

J.C.

Respondent/applicant

Procedural Posture

Child Support Variation / Variation Application (hearing)

Legal Issues

  1. 1 Whether the maintenance payment should be varied
  2. 2 Whether A.S. established undue hardship to justify departure from the Guidelines
  3. 3 Whether a material change of circumstances under s.37 of the Maintenance and Support Act has occurred

Ratio Decidendi

The temporary reduction in A.S.'s income due to a work injury did not constitute a material change of circumstances under s.37, but other factors (increase in income since 1999 and removal of prior childcare obligation) did; applying the undue hardship principle, the court fixed support at one-quarter of the four-child Guidelines amount based on A.S.'s 2002 income ($218/month effective May 1, 2003) and ordered a temporary reduced payment of $124/month while he receives Workers Compensation, with the unpaid portion to accrue as arrears payable after his return to employment.

Court Disposition

Application partly granted: support varied to $218/month effective May 1, 2003; temporary payment of $124/month until A.S. returns to employment with arrears accruing.

Orders

  • Order varied to provide monthly child support of $218.00 effective May 1, 2003.
  • Effective May 1, 2003 and continuing until A.S. returns to employment he shall pay $124.00 per month; the balance of the monthly obligation shall accrue as arrears and be paid after he returns to employment.