D. C. v. M.C.

D. C. v. M.C.

Applicant's claim for retroactive child support predating August 1, 2005 is dismissed due to unreasonable delay by the applicant, lack of blameworthy conduct by the respondent, inadequate evidence of the child's past needs or section 7 expenses, and potential hardship to respondent; paternity was confirmed and current support of $155/month is ordered effective August 1, 2005 with directions for financial disclosure and no award for special or post‑secondary expenses at this time.

Citation
2006 NSFC 25
Parties
Applicant: D. A. C.; Respondent: M. A. C.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
9 August 2006
Procedural Posture
Support Application Under the Interjurisdictional Support Orders Act / Hearing; Interim Order Made; Decision on Retroactive Child Support and Related Orders
Outcome
Application for retroactive child support predating August 1, 2005 dismissed; paternity confirmed; current child support ordered at $155/month effective August 1, 2005; no award under CMG section 7 for special or post‑secondary expenses; disclosure orders made.
Legal Topics
Retroactive Child Support, Parentage Determination, Child Maintenance Guidelines, Maintenance Enforcement, DNA Paternity Testing
Source Language
English
Family Law Child Support Paternity Interjurisdictional Enforcement Retroactive Child Support Parentage Determination Child Maintenance Guidelines Maintenance Enforcement +1 more

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Parties

D. A. C.

Applicant

M. A. C.

Respondent

Procedural Posture

Support Application Under the Interjurisdictional Support Orders Act / Hearing; Interim Order Made; Decision on Retroactive Child Support and Related Orders

Legal Issues

  1. 1 Whether respondent is biological father
  2. 2 Whether retroactive child support should be awarded and for what period
  3. 3 Appropriate effective date for child support

Ratio Decidendi

Applicant's claim for retroactive child support predating August 1, 2005 is dismissed due to unreasonable delay by the applicant, lack of blameworthy conduct by the respondent, inadequate evidence of the child's past needs or section 7 expenses, and potential hardship to respondent; paternity was confirmed and current support of $155/month is ordered effective August 1, 2005 with directions for financial disclosure and no award for special or post‑secondary expenses at this time.

Court Disposition

Application for retroactive child support predating August 1, 2005 dismissed; paternity confirmed; current child support ordered at $155/month effective August 1, 2005; no award under CMG section 7 for special or post‑secondary expenses; disclosure orders made.

Orders

  • Parentage of the child confirmed in favour of M. A. C.
  • M. A. C. to pay child support of CAD 155 per month effective August 1, 2005 (payments to remain at CAD 155 monthly)