Ferrier v. Ferrier

Ferrier v. Ferrier

On an interim, summary basis the court found entitlement conceded but not appropriate to apply SSAG blindly due to substantial joint debts and the respondent's disproportionate housing expense; balancing s.15.2 factors and the interim nature, and despite finding respondent has significant historical income, the court ordered $3,800/month spousal support commencing December 1, 2017, and shifted vehicle/insurance/registration costs to the applicant, as a calibrated interim measure to normalize cash flow and bridge to a full hearing.

Citation
2017 NSSC 299
Parties
Petitioner: Jo-Anne Ferrier; Respondent: Alan Ferrier
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 November 2017
Procedural Posture
Divorce Act — Spousal Support / Interim Motion/hearing
Outcome
Interim spousal support ordered in favour of Petitioner; partial reallocation of expenses ordered; matter to proceed to hearing on merits.
Legal Topics
Interim Spousal Support, Spousal Support Advisory Guidelines Exception, Income Calculation for Self Employed/professional Corporation, Debt Management, Maintenance of Matrimonial Home, Insurance as Security
Source Language
English
Family Law Spousal Support Debt Allocation Property (matrimonial Home) Interim Spousal Support Spousal Support Advisory Guidelines Exception Income Calculation for Self Employed/professional Corporation Debt Management +2 more

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Parties

Jo-Anne Ferrier

Petitioner

Alan Ferrier

Respondent

Procedural Posture

Divorce Act — Spousal Support / Interim Motion/hearing

Legal Issues

  1. 1 Quantum of interim spousal support
  2. 2 Application of SSAG and exceptions due to extraordinary joint debt
  3. 3 Treatment and impact of matrimonial home and joint debts on payor's means

Ratio Decidendi

On an interim, summary basis the court found entitlement conceded but not appropriate to apply SSAG blindly due to substantial joint debts and the respondent's disproportionate housing expense; balancing s.15.2 factors and the interim nature, and despite finding respondent has significant historical income, the court ordered $3,800/month spousal support commencing December 1, 2017, and shifted vehicle/insurance/registration costs to the applicant, as a calibrated interim measure to normalize cash flow and bridge to a full hearing.

Court Disposition

Interim spousal support ordered in favour of Petitioner; partial reallocation of expenses ordered; matter to proceed to hearing on merits.

Orders

  • Respondent to pay spousal support to Applicant in the amount of $3,800.00 per month commencing December 1, 2017, taxable to the Applicant and tax deductible to the Respondent, until further order or agreement.
  • As of December 1, 2017 Applicant to assume responsibility for her vehicle, vehicle insurance and registration costs.