D.M.C.T. v. K.L.S.

D.M.C.T. v. K.L.S.

Court found a change of circumstances (father's materially increased assets), applied Guidelines s.19(1)(e) and imputed income by combining an imputed draw ($275,000) and 80% of a conservative return on available investible assets ($26,000,000 at 4.02%) to arrive at an annual Guideline income of $1,111,160;...

Source-derived case information.

Citation
2007 NSFC 22
Parties
Applicant (mother): D. M. C. T.; Respondent (father): L. K. S.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
27 June 2007
Procedural Posture
Application to Vary Child Maintenance Under the Maintenance and Custody Act (nova Scotia) / Variation Hearing — Decision (trial Level)
Outcome
Application granted in part: child support increased and made retroactive
Legal Topics
Child Maintenance Variation, Guidelines Income Determination, Imputing Income (s.19(1)(e)), Table Amount Appropriateness (s.4), Section 7 Special/extraordinary Expenses (private School), Retroactive Maintenance
Source Language
english
Family Law Child Support Maintenance Child Maintenance Variation Guidelines Income Determination Imputing Income (s.19(1)(e)) Table Amount Appropriateness (s.4) Section 7 Special/extraordinary Expenses (private School) +1 more

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Parties

D. M. C. T.

Applicant (mother)

L. K. S.

Respondent (father)

Procedural Posture

Application to Vary Child Maintenance Under the Maintenance and Custody Act (nova Scotia) / Variation Hearing — Decision (trial Level)

Legal Issues

  1. 1 Whether there has been a change of circumstances to justify variation
  2. 2 Determination of payor's annual income under Child Maintenance Guidelines (sections 16–19)
  3. 3 Whether father's assets are reasonably utilized to generate income (Guidelines s.19(1)(e))

Ratio Decidendi

Court found a change of circumstances (father's materially increased assets), applied Guidelines s.19(1)(e) and imputed income by combining an imputed draw ($275,000) and 80% of a conservative return on available investible assets ($26,000,000 at 4.02%) to arrive at an annual Guideline income of $1,111,160; calculated the table amount for one child at that income as $8,125.35 per month, held the table amount was not inappropriate on the facts, ordered equal sharing of Kings tuition with mother responsible for additional related costs, and made the variation retroactive to August 1, 2005 with arrears of $71,883.05 payable forthwith.

Court Disposition

Application granted in part: child support increased and made retroactive

Orders

  • Father's annual income for Guideline purposes fixed at $1,111,160 and monthly child support set at $8,125.35 payable on the first of each month retroactive to August 1, 2005
  • Arrears calculated at $71,883.05 payable forthwith