Niles v. Munro

Niles v. Munro

Court lacked jurisdiction to order retroactive child support or s.7 readjustment for the older child because he left parental charge and was independent by April 2008; for the younger child formal notice occurred when the variation application was filed on May 30, 2008 and, absent any finding of blameworthy conduct...

Source-derived case information.

Citation
2009 NSSC 318
Parties
Petitioner: Michele Debra Niles; Respondent: David Alexander Munro
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 October 2009
Procedural Posture
Divorce/family Law Variation Application Under the Divorce Act / Pre Trial Rulings / Decision on Variation Application
Outcome
Application dismissed insofar as it sought retroactive variation and s.7 readjustment for the older child for lack of jurisdiction; for the younger child retroactive recalculation limited to three years prior to formal notice (May 30, 2008) and s.7 expenses to be calculated proportionately.
Legal Topics
Retroactive Child Support, Section 7 Expenses, Jurisdiction Child of the Marriage, Blameworthy Conduct, Effective/formal Notice, Delay in Prosecution
Source Language
english
Family Law Child Support Divorce Act Civil Procedure Retroactive Child Support Section 7 Expenses Jurisdiction Child of the Marriage Blameworthy Conduct +2 more

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Parties

Michele Debra Niles

Petitioner

David Alexander Munro

Respondent

Procedural Posture

Divorce/family Law Variation Application Under the Divorce Act / Pre Trial Rulings / Decision on Variation Application

Legal Issues

  1. 1 Whether the older child was a "child of the marriage" at the time of application and therefore within court jurisdiction for retroactive relief
  2. 2 What is the appropriate commencement date for any retroactive child support for the younger child
  3. 3 Whether the payor (respondent) engaged in blameworthy conduct that would extend retroactivity beyond three years before formal notice

Ratio Decidendi

Court lacked jurisdiction to order retroactive child support or s.7 readjustment for the older child because he left parental charge and was independent by April 2008; for the younger child formal notice occurred when the variation application was filed on May 30, 2008 and, absent any finding of blameworthy conduct by respondent, the retroactive reassessment is limited to three years prior to that formal notice (May 30, 2005 to May 30, 2008) with s.7 expenses calculated proportionately.

Court Disposition

Application dismissed insofar as it sought retroactive variation and s.7 readjustment for the older child for lack of jurisdiction; for the younger child retroactive recalculation limited to three years prior to formal notice (May 30, 2008) and s.7 expenses to be calculated proportionately.

Orders

  • No jurisdiction to grant retroactive child support or s.7 expense readjustment for the older child (application denied as to older child)
  • Retroactive child support and s.7 expenses for the younger child to be recalculated based on applicable child support tables for the period three years prior to May 30, 2008