J.D.G. v. J.A.B.

J.D.G. v. J.A.B.

Mr. G failed to prove the decrease in his income for June 2003–Dec 2006 was involuntary and therefore failed the material change test required for a retroactive reduction; conversely, Ms. B established that J. was a dependent at filing, her delay was reasonable, and Mr. G engaged in blameworthy nondisclosure of a substantial income increase in 2007, so retroactive support is appropriate commencing at Jan 1, 2007 with specified recalculated monthly amounts and a prospective monthly payment ordered.

Citation
2012 NSSC 20
Parties
Applicant: J.D.G.; Respondent: J.A.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 February 2012
Procedural Posture
Maintenance and Custody (child Support) / Decision (trial)
Outcome
Applicant's (J.D.G.) application to reduce child maintenance retroactively dismissed; Respondent's (J.A.B.) application to vary child maintenance retroactively granted; prospective maintenance ordered.
Legal Topics
Retroactive Child Support, Variation of Maintenance, Dependent Child, Material Change in Circumstances, Jurisdiction to Award Retroactive Support, Disclosure Obligations
Source Language
English
Family Law Child Support Maintenance and Custody Act Child Maintenance Guidelines Retroactive Child Support Variation of Maintenance Dependent Child Material Change in Circumstances +2 more

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Parties

J.D.G.

Applicant

J.A.B.

Respondent

Procedural Posture

Maintenance and Custody (child Support) / Decision (trial)

Legal Issues

  1. 1 Whether payor (Mr. G) is entitled to a retroactive reduction in child maintenance for June 2003–Dec 2006
  2. 2 Whether recipient (Ms. B) is entitled to a retroactive increase in child maintenance from Jan 1, 2007 to Dec 2008
  3. 3 Whether the child (J.) was a dependent at the time of filing (Nov 2, 2011)

Ratio Decidendi

Mr. G failed to prove the decrease in his income for June 2003–Dec 2006 was involuntary and therefore failed the material change test required for a retroactive reduction; conversely, Ms. B established that J. was a dependent at filing, her delay was reasonable, and Mr. G engaged in blameworthy nondisclosure of a substantial income increase in 2007, so retroactive support is appropriate commencing at Jan 1, 2007 with specified recalculated monthly amounts and a prospective monthly payment ordered.

Court Disposition

Applicant's (J.D.G.) application to reduce child maintenance retroactively dismissed; Respondent's (J.A.B.) application to vary child maintenance retroactively granted; prospective maintenance ordered.

Orders

  • Dismiss Mr. G’s application to reduce child maintenance retroactively for June 2003–Dec 2006; maintain monthly obligation of $302.00 for that period as per 2003 order and preserve fixed arrears of $3,020.00.
  • Retroactive child maintenance recalculated: monthly $562.00 for 2007; monthly $447.00 for 2008; monthly $782.00 for 2009; monthly $599.00 for 2010 and 2011.