A.B. v. C.D.

A.B. v. C.D.

The father’s 2015 income is found to be approximately $40,400 and the Table amount for two children at that income is $576 monthly; there is no lawful excuse for non-payment from January 1, 2015, and the father must pay $576 monthly through MEP. The mother’s section 7 claim for childcare is dismissed because the father lacks means to make a meaningful contribution given his obligations to other children, arrears and the evidence presented. The father receives a $560 credit for the 2014 September–December period. Annual disclosure of the father’s tax returns and notices of assessment is ordered commencing June 2016 for tax year 2015.

Citation
2016 NSFC 10
Parties
Applicant: A.B.; Respondent: C.D.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
14 April 2016
Procedural Posture
Maintenance and Custody Act (child Support and Parenting) / Contested Hearing Final Decision
Outcome
Mother’s section 7 application dismissed; child support ordered under the Guidelines; other relief as to disclosure and arrears determined; costs reserved for written submissions.
Legal Topics
Federal Child Support Guidelines, Section 7 Expenses, Income Imputation, Disclosure Obligations, Arrears and Credits, Undue Hardship (section 10)
Source Language
English
Family Law Child Support Custody Maintenance Enforcement Federal Child Support Guidelines Section 7 Expenses Income Imputation Disclosure Obligations +2 more

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Parties

A.B.

Applicant

C.D.

Respondent

Procedural Posture

Maintenance and Custody Act (child Support and Parenting) / Contested Hearing Final Decision

Legal Issues

  1. 1 Determination of appropriate Table child support amount and income imputation for the father
  2. 2 Claim for contribution to section 7 childcare expenses
  3. 3 Calculation of arrears and credits for 2014 period

Ratio Decidendi

The father’s 2015 income is found to be approximately $40,400 and the Table amount for two children at that income is $576 monthly; there is no lawful excuse for non-payment from January 1, 2015, and the father must pay $576 monthly through MEP. The mother’s section 7 claim for childcare is dismissed because the father lacks means to make a meaningful contribution given his obligations to other children, arrears and the evidence presented. The father receives a $560 credit for the 2014 September–December period. Annual disclosure of the father’s tax returns and notices of assessment is ordered commencing June 2016 for tax year 2015.

Court Disposition

Mother’s section 7 application dismissed; child support ordered under the Guidelines; other relief as to disclosure and arrears determined; costs reserved for written submissions.

Orders

  • Father to pay child support of $576 monthly for two children effective January 1, 2015, payable on the first of each month until further order.
  • Mother credited $560 for the period September 1 to December 31, 2014.