MacEachern v. MacLeod

MacEachern v. MacLeod

Change of circumstances established; applying ss.3 and 7 of the Guidelines the court held that (1) for Craig, who resides with the mother and whose circumstances resemble a guideline dependent child, the full table amount remains appropriate and no additional s.7 award was required; (2) for Haley, who resides away at university, the court adjusted support under s.3(2)(b): full table amount payable during months she resides with mother (May–August) and a reduced amount during the school year (50% of the difference between one- and two-child table amounts, producing specified monthly figures); s.7 post-secondary shortfall for Haley was apportioned proportionally by parental incomes...

Citation
2014 NSSC 238
Parties
Applicant: Brian MacEachern; Respondent: Heather MacLeod
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 July 2014
Procedural Posture
Application to Vary Child Support Under the Divorce Act / Final Decision on Variation Application (hearing)
Outcome
Application to vary granted in part and order varied as set out below
Legal Topics
Variation of Order, Post Secondary Support (s.7), Payment Directly to Children, Change of Circumstances, Custody Information Flow
Source Language
English
Family Law Child Support Divorce Act Education Expenses Variation of Order Post Secondary Support (s.7) Payment Directly to Children Change of Circumstances +1 more

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Parties

Brian MacEachern

Applicant

Heather MacLeod

Respondent

Procedural Posture

Application to Vary Child Support Under the Divorce Act / Final Decision on Variation Application (hearing)

Legal Issues

  1. 1 Whether there has been a change of circumstances allowing variation under s.17(4) of the Divorce Act
  2. 2 Appropriate quantum of child support for two dependent children enrolled in post-secondary education (application of ss.3(1) and 3(2) of the Federal Child Support Guidelines)
  3. 3 Allocation and payment method for s.7 post-secondary education expenses

Ratio Decidendi

Change of circumstances established; applying ss.3 and 7 of the Guidelines the court held that (1) for Craig, who resides with the mother and whose circumstances resemble a guideline dependent child, the full table amount remains appropriate and no additional s.7 award was required; (2) for Haley, who resides away at university, the court adjusted support under s.3(2)(b): full table amount payable during months she resides with mother (May–August) and a reduced amount during the school year (50% of the difference between one- and two-child table amounts, producing specified monthly figures); s.7 post-secondary shortfall for Haley was apportioned proportionally by parental incomes...

Court Disposition

Application to vary granted in part and order varied as set out below

Orders

  • Applicant shall pay table amount child support of $1,236 per month to the respondent for the two children during May, June, July and August each year while both children reside with the respondent and remain dependent.
  • Applicant shall pay table amount child support for the child Craig during September–April inclusive in the amount of $763 per month to the respondent while Craig resides with the respondent and remains dependent.