Hartlen v. McNeil

Hartlen v. McNeil

The Court retained jurisdiction over specified outstanding corollary relief matters; found Ms. McNeil was not incapacitated and the Court approved the January 2018 Corollary Relief Order calculations (child support arrears), refused to forgive child support arrears, imputed incomes (Ms. McNeil $30,000 from Oct 2017; Mr. Hartlen $30,000 Oct 2017–2019 and $14,365.08 from Jan 1, 2020), adjusted pension division to include cohabitation period but conditioned division on Ms. McNeil meeting obligations, calculated a notional retroactive spousal support amount (~$60,773) but declined to order payment given the payor’s present inability to pay and allowed the notional award to be used as set‑off...

Citation
2021 NSSC 223
Parties
Petitioner: Dwayne Patrick Hartlen; Applicant/respondent: Lorrie Anne McNeil (previously Hartlen)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 July 2021
Procedural Posture
Divorce Corollary Relief (family Division) / Post‑trial Variation/enforcement of Corollary Relief; Costs Submissions
Outcome
Application partially dismissed and partially granted: Court finalized several issues from 2017 Corollary Relief Order, found Ms. McNeil competent, approved prior child support calculations, refused forgiveness of arrears, set imputed incomes, adjusted pension disposition to include cohabitation period and...
Legal Topics
Capacity to Litigate, Imputation of Income, Retroactive Spousal Support, Forgiveness of Child Support Arrears, Pension Division Implementation, Matrimonial Home Disposition, Creditor Disability Insurance, Variation of Final Orders, Tax Implications of Lump Sum Support
Source Language
English
Family Law Divorce Spousal Support Child Support Property Division Pension Law Bankruptcy Costs +9 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dwayne Patrick Hartlen

Petitioner

Lorrie Anne McNeil (previously Hartlen)

Applicant/respondent

Procedural Posture

Divorce Corollary Relief (family Division) / Post‑trial Variation/enforcement of Corollary Relief; Costs Submissions

Legal Issues

  1. 1 jurisdiction to revisit or finalize orders from 2017 decision
  2. 2 whether Ms. McNeil was incapacitated and unable to participate at 2017 trial
  3. 3 whether child support arrears calculations approved in 2017 can be revisited

Ratio Decidendi

The Court retained jurisdiction over specified outstanding corollary relief matters; found Ms. McNeil was not incapacitated and the Court approved the January 2018 Corollary Relief Order calculations (child support arrears), refused to forgive child support arrears, imputed incomes (Ms. McNeil $30,000 from Oct 2017; Mr. Hartlen $30,000 Oct 2017–2019 and $14,365.08 from Jan 1, 2020), adjusted pension division to include cohabitation period but conditioned division on Ms. McNeil meeting obligations, calculated a notional retroactive spousal support amount (~$60,773) but declined to order payment given the payor’s present inability to pay and allowed the notional award to be used as set‑off...

Court Disposition

Application partially dismissed and partially granted: Court finalized several issues from 2017 Corollary Relief Order, found Ms. McNeil competent, approved prior child support calculations, refused forgiveness of arrears, set imputed incomes, adjusted pension disposition to include cohabitation period and...

Orders

  • Corollary Relief Order calculations approved (finalized January 24, 2018) and plaintiff ordered to reimburse overpaid child support (approx. $9,652.15)
  • Ms. McNeil found not incapacitated; capacity finding recorded