McCulloch v. Sullivan

McCulloch v. Sullivan

Applicant failed to prove his 2009 annual income was less than the income used in the existing order so the 2009 child support obligation was not varied; the court determined applicant's ongoing income for child support purposes beginning Jan 1, 2010 to be $65,500 and varied child support to $923/month from that date; on spousal support the court found changed circumstances (husband's reduced income and wife's earned income) warranted variation but not termination, reducing spousal support to $290/month beginning Nov 1, 2009.

Citation
2010 NSSC 57
Parties
Applicant: David John McCulloch; Respondent: Traci Lyn Sullivan
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 February 2010
Procedural Posture
Divorce Corollary Relief Variation / Hearing and Decision on Variation of Support Orders
Outcome
Court refused to vary child support for 2009; varied ongoing child support to $923/month effective Jan 1, 2010; reduced spousal support to $290/month effective Nov 1, 2009.
Legal Topics
Variation of Support Orders, Income Determination for Support, Application of Federal Child Support Guidelines, Application of Spousal Support Advisory Guidelines
Source Language
English
Family Law Child Support Spousal Support Variation of Support Orders Income Determination for Support Application of Federal Child Support Guidelines Application of Spousal Support Advisory Guidelines

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Parties

David John McCulloch

Applicant

Traci Lyn Sullivan

Respondent

Procedural Posture

Divorce Corollary Relief Variation / Hearing and Decision on Variation of Support Orders

Legal Issues

  1. 1 Whether child support for 2009 should be varied retroactively based on changed income
  2. 2 Determination of income for ongoing child support beginning 2010
  3. 3 Whether spousal support should be terminated or varied given change in incomes

Ratio Decidendi

Applicant failed to prove his 2009 annual income was less than the income used in the existing order so the 2009 child support obligation was not varied; the court determined applicant's ongoing income for child support purposes beginning Jan 1, 2010 to be $65,500 and varied child support to $923/month from that date; on spousal support the court found changed circumstances (husband's reduced income and wife's earned income) warranted variation but not termination, reducing spousal support to $290/month beginning Nov 1, 2009.

Court Disposition

Court refused to vary child support for 2009; varied ongoing child support to $923/month effective Jan 1, 2010; reduced spousal support to $290/month effective Nov 1, 2009.

Orders

  • Paragraph 10 of the Corollary Relief Judgment varied to order child support of $923.00 per month beginning January 1, 2010 payable on the first of each month.
  • No variation ordered for child support for the year 2009; applicant's 2009 obligation remains as originally ordered.