Day v. Day

Day v. Day

Court found respondent paid $2,748.21 toward retroactive table child support leaving $4,829.79 owing, awarded respondent contributory liability for retroactive childcare of $883.30, totaling retroactive child support of $5,713.09 payable to petitioner; court refused credits for mortgage and vehicle payments as child support; petitioner’s pension must be divided equally under s.13 MPA because she failed to show equal division would be unfair, but respondent’s 50% pension credit is reduced by $5,713.09, resulting in a transfer to respondent of $18,588.68 based on the commuted value provided.

Citation
2020 NSSC 338
Parties
Petitioner: Gina Gail Day; Respondent: Daniel Jonathan Day
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 September 2020
Procedural Posture
Divorce / Decision
Outcome
Divorce granted; retroactive child support awarded; pension divided equally with respondent's share reduced by retroactive child support owing
Legal Topics
Retroactive Child Support, Section 7 Expenses, Division of Pension Under Matrimonial Property Act S.13, Crediting Payments Vs Property Contributions, Unequal Division of Matrimonial Assets
Source Language
English
Family Law Matrimonial Property Child Support Pension Division Bankruptcy Impact Retroactive Child Support Section 7 Expenses Division of Pension Under Matrimonial Property Act S.13 +2 more

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Parties

Gina Gail Day

Petitioner

Daniel Jonathan Day

Respondent

Procedural Posture

Divorce / Decision

Legal Issues

  1. 1 Amount of retroactive table child support owing and payments credited
  2. 2 Whether and how much respondent must contribute retroactively to s.7 (extraordinary) expenses including childcare, extracurricular, uninsured medical, insurance premiums
  3. 3 Whether petitioner’s pension should be exempt from equal division under s.13 MPA and effect of deducting retroactive child support from pension transfer

Ratio Decidendi

Court found respondent paid $2,748.21 toward retroactive table child support leaving $4,829.79 owing, awarded respondent contributory liability for retroactive childcare of $883.30, totaling retroactive child support of $5,713.09 payable to petitioner; court refused credits for mortgage and vehicle payments as child support; petitioner’s pension must be divided equally under s.13 MPA because she failed to show equal division would be unfair, but respondent’s 50% pension credit is reduced by $5,713.09, resulting in a transfer to respondent of $18,588.68 based on the commuted value provided.

Court Disposition

Divorce granted; retroactive child support awarded; pension divided equally with respondent's share reduced by retroactive child support owing

Orders

  • Divorce granted based on separation of more than one year
  • Respondent shall pay petitioner $5,713.09 in retroactive child support