M.M. v. A.M.

M.M. v. A.M.

The Court accepted the assessor’s recommendations and the parties’ consent order for shared custody as being in the child's best interests; applied the Child Support Guidelines and set-off method to fix child support ($908/month commencing with shared parenting, and $923/month for the earlier period), ordered continuance of spousal support at $1,000/month reviewable in three years, valued the matrimonial home at $170,000 and ordered equal division of matrimonial property and pensions to the date of separation, allocated the $1,000 insurance deductible equally, required continuation of medical coverage for Respondent and child under the Petitioner’s employment plan while permitted, and...

Citation
2015 NSSC 332
Parties
Petitioner: M. M.; Respondent: A. M.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 November 2015
Procedural Posture
Divorce / Final Decision (corollary Relief)
Outcome
Divorce granted; consent parenting schedule accepted; child support, spousal support, property division, pension division and ancillary orders made as set out below.
Legal Topics
Shared Custody, Parenting Assessment, Child Support Guidelines, Section 7 Expenses, Set Off Method, Spousal Support Quantum and Review, Equal Division of Matrimonial Property, Exclusive Possession, Property Valuation, Insurance Deductible Allocation, Pension Division, Imputation of Income, Life Insurance Designation, Costs and Credibility
Source Language
English
Family Law Divorce Child Custody and Access Child Support Spousal Support Matrimonial Property Pensions Shared Custody +13 more

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Parties

M. M.

Petitioner

A. M.

Respondent

Procedural Posture

Divorce / Final Decision (corollary Relief)

Legal Issues

  1. 1 Whether to grant divorce and corollary relief
  2. 2 Appropriate custodial regime and parenting schedule in best interests of the child
  3. 3 Calculation and allocation of child support under the Guidelines and set-off method

Ratio Decidendi

The Court accepted the assessor’s recommendations and the parties’ consent order for shared custody as being in the child's best interests; applied the Child Support Guidelines and set-off method to fix child support ($908/month commencing with shared parenting, and $923/month for the earlier period), ordered continuance of spousal support at $1,000/month reviewable in three years, valued the matrimonial home at $170,000 and ordered equal division of matrimonial property and pensions to the date of separation, allocated the $1,000 insurance deductible equally, required continuation of medical coverage for Respondent and child under the Petitioner’s employment plan while permitted, and...

Court Disposition

Divorce granted; consent parenting schedule accepted; child support, spousal support, property division, pension division and ancillary orders made as set out below.

Orders

  • Divorce granted pursuant to s.8(2)(a) of the Divorce Act.
  • Shared custody of the child as set out in Schedule A (week on/week off 28-day cycle commencing August 16, 2015 and specific holiday and summer provisions) incorporated into corollary relief judgment.