S.H. v. G.G.

S.H. v. G.G.

Father breached the 2009 disclosure order by failing to produce returns and by disposing of property without crediting arrears; based on available T4s the court fixed 2012 income at not less than $72,341 and applied the Alberta Tables from July 1, 2013 setting support at $617 monthly; the outstanding retroactive award is immediately due and payable and may be collected by garnishment including employment and federal sources; MEP will recalculate detailed arrears once certified order is provided and father must disclose 2013 Return by June 1, 2014 for next adjustment.

Citation
2014 NSFC 3
Parties
Applicant/respondent: S. H.; Respondent/applicant: G. G.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
12 March 2014
Procedural Posture
Family Court Child Support Variation (interjurisdictional) / Hearing and Decision on Variation Application
Outcome
Variation granted in part; support adjusted and enforcement of retroactive arrears ordered.
Legal Topics
Child Support Adjustment, Maintenance Enforcement, Income Disclosure, Arrears and Garnishment, Variation of Support, Consent Orders
Source Language
English
Family Law Child Support Interjurisdictional Enforcement Child Support Adjustment Maintenance Enforcement Income Disclosure Arrears and Garnishment Variation of Support +1 more

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Parties

S. H.

Applicant/respondent

G. G.

Respondent/applicant

Procedural Posture

Family Court Child Support Variation (interjurisdictional) / Hearing and Decision on Variation Application

Legal Issues

  1. 1 Whether father's failure to disclose tax returns breached the 2009 consent order and triggered enforcement of retroactive award
  2. 2 Proper income to use for calculating child support after relocation to Alberta and choice of provincial Table
  3. 3 Whether court should order immediate payment and garnishment of retroactive arrears

Ratio Decidendi

Father breached the 2009 disclosure order by failing to produce returns and by disposing of property without crediting arrears; based on available T4s the court fixed 2012 income at not less than $72,341 and applied the Alberta Tables from July 1, 2013 setting support at $617 monthly; the outstanding retroactive award is immediately due and payable and may be collected by garnishment including employment and federal sources; MEP will recalculate detailed arrears once certified order is provided and father must disclose 2013 Return by June 1, 2014 for next adjustment.

Court Disposition

Variation granted in part; support adjusted and enforcement of retroactive arrears ordered.

Orders

  • Child support fixed at $617 monthly effective July 1, 2013, payable by equal installments of $308.50 on the 15th and last day of each month through Maintenance Enforcement Program until otherwise ordered.
  • Outstanding balance of the retroactive child support award declared immediately due and owing.