Dort v. Dort

Dort v. Dort

On an interim basis the court found the mother entitled to support, applied the Child Support Guidelines to set child support at $935 per month for two children based on the father's 2008 income, and ordered spousal support of $500 per month after adjusting guideline expectations to account for the father's debts, obligations to maintain the matrimonial home (to preserve trust funds) and to avoid undue hardship; the respondent was ordered to maintain family medical coverage and life insurance beneficiary pending further order and the order to be reviewed in 2010 or on material change.

Citation
2009 NSSC 372
Parties
Petitioner: Crystal Anne Dort; Respondent: Edwin David Dort
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 December 2009
Procedural Posture
Application Under the Maintenance and Custody Act Interim Relief / Interim Hearing and Decision (child and Spousal Support)
Outcome
Interim relief granted in part: child and spousal support ordered with ancillary directions regarding medical coverage and life insurance; review ordered.
Legal Topics
Interim Child Support, Spousal Support Quantum, Security for Support (life Insurance), Application of Child Support Guidelines, Post Secondary Educational Expenses, Dependency of Children
Source Language
English
Family Law Child Support Spousal Support Interim Relief Maintenance and Custody Interim Child Support Spousal Support Quantum Security for Support (life Insurance) +3 more

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Parties

Crystal Anne Dort

Petitioner

Edwin David Dort

Respondent

Procedural Posture

Application Under the Maintenance and Custody Act Interim Relief / Interim Hearing and Decision (child and Spousal Support)

Legal Issues

  1. 1 Whether applicant is entitled to interim child and spousal support
  2. 2 Quantum of interim child support and spousal support
  3. 3 Whether children are dependent while attending post-secondary education and impact of trust funds

Ratio Decidendi

On an interim basis the court found the mother entitled to support, applied the Child Support Guidelines to set child support at $935 per month for two children based on the father's 2008 income, and ordered spousal support of $500 per month after adjusting guideline expectations to account for the father's debts, obligations to maintain the matrimonial home (to preserve trust funds) and to avoid undue hardship; the respondent was ordered to maintain family medical coverage and life insurance beneficiary pending further order and the order to be reviewed in 2010 or on material change.

Court Disposition

Interim relief granted in part: child and spousal support ordered with ancillary directions regarding medical coverage and life insurance; review ordered.

Orders

  • Respondent to pay child support of $935.00 per month for two children (per Child Support Guidelines).
  • Respondent to pay spousal support of $500.00 per month to the applicant.