B. v. F.

B. v. F.

Signing the consent to adoption on July 16, 1993 terminated D.A.B.'s child support obligation as of that date; consequently arrears accruing from July 1993 to the adoption in September 1997 are cancelled. The earlier fixed judgment for arrears ($4,000) cannot be revisited and remains binding. The court alternatively found arrears from 1993-1997 should be forgiven on grounds of reliance and current inability to pay.

Citation
2004 NSSF 26
Parties
Petitioner/respondent: B.E.F.; Respondent/applicant: D.A.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 March 2004
Procedural Posture
Family Law Child Support/adoption / Application Hearing/decision
Outcome
Application granted in part: child support obligation terminated as of July 16, 1993; arrears from July 1993 to September 1997 cancelled; earlier fixed arrears judgment not reopened.
Legal Topics
Child Support, Consent to Adoption, Maintenance Arrears, Res Judicata, Forgiveness of Arrears, Ability to Pay
Source Language
English
Family Law Adoption Law Civil Procedure Child Support Consent to Adoption Maintenance Arrears Res Judicata Forgiveness of Arrears +1 more

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Parties

B.E.F.

Petitioner/respondent

D.A.B.

Respondent/applicant

Procedural Posture

Family Law Child Support/adoption / Application Hearing/decision

Legal Issues

  1. 1 Whether signing a consent to adoption terminates a parent's child support obligation as of the date of consent
  2. 2 Whether the court has jurisdiction to revisit a prior judgment fixing arrears
  3. 3 Whether arrears from July 1993 to September 1997 should be forgiven on equitable grounds including reliance and inability to pay

Ratio Decidendi

Signing the consent to adoption on July 16, 1993 terminated D.A.B.'s child support obligation as of that date; consequently arrears accruing from July 1993 to the adoption in September 1997 are cancelled. The earlier fixed judgment for arrears ($4,000) cannot be revisited and remains binding. The court alternatively found arrears from 1993-1997 should be forgiven on grounds of reliance and current inability to pay.

Court Disposition

Application granted in part: child support obligation terminated as of July 16, 1993; arrears from July 1993 to September 1997 cancelled; earlier fixed arrears judgment not reopened.

Orders

  • Child support obligation of D.A.B. terminated as of July 16, 1993.
  • Arrears accruing from July 1993 to September 1997 are cancelled.