Perrier v. Daigle

Perrier v. Daigle

Judge adopted separation-date valuations for properties, treated the husband’s line of credit as his contribution to construction, adjusted equalization accordingly (wife owes husband for line of credit contribution resulting in net equalization: husband to pay wife $34,020.50), found no entitlement to retroactive child or spousal support given payments made and wife’s resources, set prospective child support per table guidelines ($1,937/month for 2012 projected; $1,850/month after pension division estimate), ordered sharing of Section 7 university expenses with $2,448 payable by husband to wife, confirmed statutory division of pension values and set prospective spousal support of...

Citation
2012 NSSC 54
Parties
Applicant/petitioner: Nancy Perrier; Respondent: Danis J.L. Daigle
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 February 2012
Procedural Posture
Divorce (family Division) / Decision / Judgment Issued
Outcome
Divorce granted; property equalization adjusted and support orders made as detailed.
Legal Topics
Equalization, Valuation Date, Line of Credit Debt, Retroactive Support, Section 7 Expenses, Double Dipping, Termination of Spousal Support, Income Determination
Source Language
English
Family Law Matrimonial Property Child Support Spousal Support Pensions and Benefits Equalization Valuation Date Line of Credit Debt +5 more

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Parties

Nancy Perrier

Applicant/petitioner

Danis J.L. Daigle

Respondent

Procedural Posture

Divorce (family Division) / Decision / Judgment Issued

Legal Issues

  1. 1 Division of matrimonial property and debts
  2. 2 Determination of annual income for child and spousal support
  3. 3 Retroactive child support (from April 2009)

Ratio Decidendi

Judge adopted separation-date valuations for properties, treated the husband’s line of credit as his contribution to construction, adjusted equalization accordingly (wife owes husband for line of credit contribution resulting in net equalization: husband to pay wife $34,020.50), found no entitlement to retroactive child or spousal support given payments made and wife’s resources, set prospective child support per table guidelines ($1,937/month for 2012 projected; $1,850/month after pension division estimate), ordered sharing of Section 7 university expenses with $2,448 payable by husband to wife, confirmed statutory division of pension values and set prospective spousal support of...

Court Disposition

Divorce granted; property equalization adjusted and support orders made as detailed.

Orders

  • Divorce judgment to be issued.
  • Property equalization adjusted resulting in net payment of $34,020.50 from Husband to Wife after accounting for line of credit and other offsets.