Nova Scotia (Maintenance Enforcement) v. Hill

Nova Scotia (Maintenance Enforcement) v. Hill

The Director proved arrears of $34,221.54 and that enforcement options were exhausted; the respondent provided no evidence to rebut the statutory presumption of ability to pay, therefore under s.37 the court lawfully exercised its discretion to order reporting, partial immediate payment, a payment plan, costs and judgment and to issue (and hold) a warrant for up to 90 days' imprisonment pending compliance to secure enforcement.

Citation
2017 NSSC 112
Parties
Applicant: Director Maintenance Enforcement Program; Respondent: Michael Hill
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 March 2017
Procedural Posture
Maintenance Enforcement (child Support) / Default Hearing and Judgment Under S.37 of the Maintenance Enforcement Act
Outcome
Application granted in part: reporting, payment plan, partial immediate payment, costs, judgment and warrant for imprisonment held pending compliance
Legal Topics
Child Support, Arrears, Imprisonment for Non Compliance, Variation, Costs, Warrants
Source Language
English
Family Law Enforcement of Judgments Administrative Law Child Support Arrears Imprisonment for Non Compliance Variation Costs +1 more

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Parties

Director Maintenance Enforcement Program

Applicant

Michael Hill

Respondent

Procedural Posture

Maintenance Enforcement (child Support) / Default Hearing and Judgment Under S.37 of the Maintenance Enforcement Act

Legal Issues

  1. 1 Whether arrears established and proven by the Director
  2. 2 Whether respondent discharged burden to prove inability to pay
  3. 3 Whether imprisonment and other enforcement remedies under the Maintenance Enforcement Act are appropriate in the circumstances

Ratio Decidendi

The Director proved arrears of $34,221.54 and that enforcement options were exhausted; the respondent provided no evidence to rebut the statutory presumption of ability to pay, therefore under s.37 the court lawfully exercised its discretion to order reporting, partial immediate payment, a payment plan, costs and judgment and to issue (and hold) a warrant for up to 90 days' imprisonment pending compliance to secure enforcement.

Court Disposition

Application granted in part: reporting, payment plan, partial immediate payment, costs, judgment and warrant for imprisonment held pending compliance

Orders

  • Order requiring respondent to report to the court under s.37(3)(h) and appear in three months
  • Respondent to pay half of outstanding arrears within 45 days under s.37(3)(a)