J.C. v. C.B.

J.C. v. C.B.

The court accepted that retroactivity is discretionary but that statutory duties and the clarity provided by the Child Support Guidelines favor granting some retroactivity; it calculated underpayments from April 2004 to September 2005 totalling $4,476, apportioned responsibility two‑thirds to the respondent, ordered...

Source-derived case information.

Citation
2005 NSFC 13
Parties
Applicant: J. C.; Respondent: C. B.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
18 September 2005
Procedural Posture
Interjurisdictional Support Variation (child Support) / Family Court Decision
Outcome
Application granted in part; variation ordered and partial retroactive support awarded.
Legal Topics
Retroactivity, Variation of Child Support, Child Support Guidelines, Maintenance Disclosure
Source Language
english
Family Law Child Support Interjurisdictional Enforcement Retroactivity Variation of Child Support Child Support Guidelines Maintenance Disclosure

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Parties

J. C.

Applicant

C. B.

Respondent

Procedural Posture

Interjurisdictional Support Variation (child Support) / Family Court Decision

Legal Issues

  1. 1 Whether retroactive child support should be awarded and to what extent
  2. 2 Proper application of the Child Support Guidelines to calculate current payments
  3. 3 Appropriate allocation of equities between parties when ordering retroactivity

Ratio Decidendi

The court accepted that retroactivity is discretionary but that statutory duties and the clarity provided by the Child Support Guidelines favor granting some retroactivity; it calculated underpayments from April 2004 to September 2005 totalling $4,476, apportioned responsibility two‑thirds to the respondent, ordered payment of two‑thirds rounded to $3,000 payable over 30 months at $100/month in addition to a table amount of $382/month commencing September 5, 2005, and required maintenance of medical/dental insurance and annual income disclosure.

Court Disposition

Application granted in part; variation ordered and partial retroactive support awarded.

Orders

  • Respondent to pay child support in the table amount of $382 per month commencing with the payment due September 5, 2005.
  • Respondent ordered to pay two‑thirds of calculated underpayment, rounded to $3,000, to be paid over thirty months at $100 monthly in addition to the $382 commencing October 5, 2005.