Beairsto v. Harvey

Beairsto v. Harvey

Imputation of income under s.19 was denied for the period of the respondent's relationship with a partner who had a profoundly disabled child because his caregiving responsibilities fell within s.19(1)(a); the court treated respondent's income as $12,000/year for November-December 2003 for interim purposes and ordered the table amount of $173/month commencing January 1, 2004; retroactive imputation beyond that was refused; the respondent was ordered to pay one half of the net orthodontic cost for Sabrina (after insurance and tax credits) at $37/month commencing January 1, 2004 with jurisdiction reserved to determine the precise amount if parties disagree; the application to delete the...

Citation
2005 NSSC 161
Parties
Applicant (custodial Parent): Brigitte Suzanne Marie Beairsto; Respondent (non Custodial Parent): James Matthew Wilson Harvey; Co Applicant/step Parent: Craig Beairsto
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 June 2005
Procedural Posture
Family Law Custody and Maintenance Variation and Enforcement / Trial Decision on Multiple Variation, Enforcement and Leave Applications
Outcome
Application partially granted and partially dismissed: imputation of income denied except interim treatment for Nov-Dec 2003; table support of $173/month ordered from Jan 1, 2004; s.7 orthodontic contribution ordered; mobility clause retained with modification; leave for joint custody denied; access schedule...
Legal Topics
Imputation of Income Under Child Support Guidelines, Retroactive Child Support, Special Expenses S.7, Step Parent Joint Custody Leave, Mobility Clause, Access Scheduling, Costs for Failure to Disclose Tax Returns
Source Language
English
Family Law Child Support Custody Guardianship Mobility Access Maintenance Imputation of Income Under Child Support Guidelines +6 more

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Parties

Brigitte Suzanne Marie Beairsto

Applicant (custodial Parent)

James Matthew Wilson Harvey

Respondent (non Custodial Parent)

Craig Beairsto

Co Applicant/step Parent

Procedural Posture

Family Law Custody and Maintenance Variation and Enforcement / Trial Decision on Multiple Variation, Enforcement and Leave Applications

Legal Issues

  1. 1 Whether income should be imputed to the respondent under s.19 of the Child Maintenance Guidelines
  2. 2 Whether retrospective child maintenance should be ordered to April 2000
  3. 3 Whether s.7 special expenses (orthodontics) should be shared and in what proportion

Ratio Decidendi

Imputation of income under s.19 was denied for the period of the respondent's relationship with a partner who had a profoundly disabled child because his caregiving responsibilities fell within s.19(1)(a); the court treated respondent's income as $12,000/year for November-December 2003 for interim purposes and ordered the table amount of $173/month commencing January 1, 2004; retroactive imputation beyond that was refused; the respondent was ordered to pay one half of the net orthodontic cost for Sabrina (after insurance and tax credits) at $37/month commencing January 1, 2004 with jurisdiction reserved to determine the precise amount if parties disagree; the application to delete the...

Court Disposition

Application partially granted and partially dismissed: imputation of income denied except interim treatment for Nov-Dec 2003; table support of $173/month ordered from Jan 1, 2004; s.7 orthodontic contribution ordered; mobility clause retained with modification; leave for joint custody denied; access schedule...

Orders

  • Respondent's income treated as $12,000/year for Nov-Dec 2003 and table amount of $173/month ordered payable commencing January 1, 2004
  • No imputation of income under s.19 beyond the period where caregiving responsibilities justified limited employment; imputation denied generally