Dort v. Dort

Dort v. Dort

On the interim application the court accepted the respondent's 2008 income as the best evidence of his earning capacity, concluded the applicant is entitled to interim support but that full guideline spousal support would be untenable given debts and the need to preserve the matrimonial home and trust-fund...

Source-derived case information.

Citation
2009 NSSC 272
Parties
Petitioner: Crystal Anne Dort; Respondent: Edwin David Dort
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 December 2009
Procedural Posture
Maintenance and Custody Act Application (interim Relief) / Interim Hearing and Decision
Outcome
Interim relief granted in part: respondent ordered to pay interim child and spousal support and to maintain life insurance beneficiary and family medical coverage pending further order; order to be reviewed by August/September 2010 or on material change.
Legal Topics
Interim Child Support, Interim Spousal Support, Life Insurance as Security, Post Secondary Education Expenses, Trust Funds, Matrimonial Home, Financial Disclosure
Source Language
english
Family Law Child Support Spousal Support Interim Relief Interim Child Support Interim Spousal Support Life Insurance as Security Post Secondary Education Expenses +3 more

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Parties

Crystal Anne Dort

Petitioner

Edwin David Dort

Respondent

Procedural Posture

Maintenance and Custody Act Application (interim Relief) / Interim Hearing and Decision

Legal Issues

  1. 1 Whether respondent must pay interim child support
  2. 2 Whether respondent must pay interim spousal support
  3. 3 Whether respondent must maintain life insurance beneficiary and family medical coverage as security for support

Ratio Decidendi

On the interim application the court accepted the respondent's 2008 income as the best evidence of his earning capacity, concluded the applicant is entitled to interim support but that full guideline spousal support would be untenable given debts and the need to preserve the matrimonial home and trust-fund eligibility; the court ordered respondent to pay $935 per month for child support (two children) and $500 per month for spousal support, and ordered respondent to maintain family medical coverage and keep the mother as beneficiary on his life insurance pending agreement or court order, with a review of the order by August/September 2010 or on material change.

Court Disposition

Interim relief granted in part: respondent ordered to pay interim child and spousal support and to maintain life insurance beneficiary and family medical coverage pending further order; order to be reviewed by August/September 2010 or on material change.

Orders

  • Respondent shall pay child support of CAD 935.00 per month for two children in accordance with the Child Support Guidelines
  • Respondent shall pay spousal support of CAD 500.00 per month to the applicant as interim spousal support