Marsh v. Manuel

Marsh v. Manuel

Applicant failed to prove a material, substantial and continuing change in circumstances and failed to produce admissible medical evidence of total disability; court imputed a minimum gross income of $29,058 (based on WSIB benefits gross-up and vehicle-related income) and therefore refused to reduce child support to nil and refused to forgive or adjust arrears; ISO variation application dismissed.

Citation
2015 NSSC 315
Parties
Applicant: Corey Darrell Marsh; Respondent: Kerri Lee Manuel
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 December 2015
Procedural Posture
Application to Vary Child Support Under the Interjurisdictional Support Orders Act / Hearing and Final Judgment (application Dismissed)
Outcome
Application dismissed
Legal Topics
Variation of Child Support, Imputed Income, Arrears and Retroactive Adjustment, Procedural Fairness in ISO Proceedings, Admissibility of Medical/expert Evidence
Source Language
English
Family Law Child Support Interjurisdictional Enforcement Civil Procedure Evidence Variation of Child Support Imputed Income Arrears and Retroactive Adjustment +2 more

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Parties

Corey Darrell Marsh

Applicant

Kerri Lee Manuel

Respondent

Procedural Posture

Application to Vary Child Support Under the Interjurisdictional Support Orders Act / Hearing and Final Judgment (application Dismissed)

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the 2005 support order
  2. 2 Whether the applicant's prospective child support obligation should be reduced to nil
  3. 3 Whether arrears should be recalculated or forgiven retroactively

Ratio Decidendi

Applicant failed to prove a material, substantial and continuing change in circumstances and failed to produce admissible medical evidence of total disability; court imputed a minimum gross income of $29,058 (based on WSIB benefits gross-up and vehicle-related income) and therefore refused to reduce child support to nil and refused to forgive or adjust arrears; ISO variation application dismissed.

Court Disposition

Application dismissed

Orders

  • Application under the Interjurisdictional Support Orders Act dismissed
  • Existing 2005 Ontario child support order (monthly $345) remains in force