Cameron v. Cameron

Cameron v. Cameron

On the evidence Taylor’s primary residence was with the mother from August 2012; because the custodial parent sought half the table amount and the father had voluntarily paid significant university expenses that benefitted the child, the court exercised s.15.1(5) discretion to order one half of the table amount for Sep 2012–Apr 2013 and full table thereafter; s.7 university expenses were awarded after deducting the child’s contribution and tax credits and prorating between parents by income; respondent’s failure to disclose justified negative inferences, costs and a directions hearing on life insurance cash surrender value; asset values and divisible debts were determined and equalization...

Citation
2014 NSSC 224
Parties
Petitioner: Sandra Lynn Cameron; Respondent: Aubrey Gerard Cameron
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 June 2014
Procedural Posture
Family Law Divorce and Corollary Relief / Judgment (trial Decision)
Outcome
Partial judgement for petitioner with awarded child support, s.7 educational and health expense contributions, equalization payment to petitioner, occupation rent, and costs related to nondisclosure; some claims denied for lack of evidence.
Legal Topics
Disclosure, Primary Residence, Section 7 Expenses, Occupation Rent, Equalization, Matrimonial Debt, Costs
Source Language
English
Family Law Divorce Child Support Property Division Pensions and Benefits Disclosure Primary Residence Section 7 Expenses +4 more

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Parties

Sandra Lynn Cameron

Petitioner

Aubrey Gerard Cameron

Respondent

Procedural Posture

Family Law Divorce and Corollary Relief / Judgment (trial Decision)

Legal Issues

  1. 1 Consequences of failure to disclose financial information
  2. 2 Whether child support for Taylor payable Sep 2012–Apr 2013
  3. 3 Whether s.7 expenses for post-secondary education and health should be awarded

Ratio Decidendi

On the evidence Taylor’s primary residence was with the mother from August 2012; because the custodial parent sought half the table amount and the father had voluntarily paid significant university expenses that benefitted the child, the court exercised s.15.1(5) discretion to order one half of the table amount for Sep 2012–Apr 2013 and full table thereafter; s.7 university expenses were awarded after deducting the child’s contribution and tax credits and prorating between parents by income; respondent’s failure to disclose justified negative inferences, costs and a directions hearing on life insurance cash surrender value; asset values and divisible debts were determined and equalization...

Court Disposition

Partial judgement for petitioner with awarded child support, s.7 educational and health expense contributions, equalization payment to petitioner, occupation rent, and costs related to nondisclosure; some claims denied for lack of evidence.

Orders

  • Child support for Taylor payable to Ms. Cameron one half of table amount for Sep 2012–Apr 2013 totaling CAD 5,320 less credit for MEP payments
  • Commencing May 2013 respondent to pay full table support for two children at CAD 901 per month (adjusted on verification of 2013 income) less credit for MEP payments; maintenance to continue monthly until further order