Soucy v. Soucy

Soucy v. Soucy

There was a sufficient change in circumstances to vary support but no justification for retroactive variation prior to the date of application; child support was set under the Guidelines effective Sept 1, 2004 based on an estimated 2004 income of $154,830.95 (resulting in $2,380/month), spousal support was reduced to $2,500/month effective Sept 1, 2004, parents required to share post-secondary costs with the daughter to contribute 20% and remainder split per the earlier formula, the unpaid portion of the February 2004 lump sum (~$1,300) was forgiven and the annual $4,800 obligation was terminated.

Citation
2004 NSSC 167
Parties
Applicant/petitioner: Linda Soucy; Respondent: Guy Soucy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 September 2004
Procedural Posture
Divorce/family Variation of Child and Spousal Support and Contribution to Post Secondary Education / Chambers Application Heard June 29, 2004; Decision Sept 10, 2004
Outcome
Application granted in part and denied in part; no retroactive variation prior to application date; prospective variation orders made effective Sept 1, 2004
Legal Topics
Variation of Support Orders, Retroactivity, Income Imputation, Child Support Guidelines, Allocation of Educational Expenses, Costs
Source Language
English
Family Law Divorce Child Support Spousal Support Post Secondary Education Contribution Variation of Support Orders Retroactivity Income Imputation +3 more

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Parties

Linda Soucy

Applicant/petitioner

Guy Soucy

Respondent

Procedural Posture

Divorce/family Variation of Child and Spousal Support and Contribution to Post Secondary Education / Chambers Application Heard June 29, 2004; Decision Sept 10, 2004

Legal Issues

  1. 1 Whether child support should be varied retroactive to January 1, 2002 or to the date of application
  2. 2 Appropriate current child support amount based on respondent's 2004 estimated income
  3. 3 Whether and how parents must share post-secondary education costs and student contribution

Ratio Decidendi

There was a sufficient change in circumstances to vary support but no justification for retroactive variation prior to the date of application; child support was set under the Guidelines effective Sept 1, 2004 based on an estimated 2004 income of $154,830.95 (resulting in $2,380/month), spousal support was reduced to $2,500/month effective Sept 1, 2004, parents required to share post-secondary costs with the daughter to contribute 20% and remainder split per the earlier formula, the unpaid portion of the February 2004 lump sum (~$1,300) was forgiven and the annual $4,800 obligation was terminated.

Court Disposition

Application granted in part and denied in part; no retroactive variation prior to application date; prospective variation orders made effective Sept 1, 2004

Orders

  • Forgive approximately $1,300 remaining of the February 2004 lump sum payment
  • Respondent not responsible for rent for Halifax apartment for the month of May