J.M.B. v. S.R.P.

J.M.B. v. S.R.P.

Implementation of the Child Maintenance Guidelines constituted a change in circumstances; the disclosed business figures were unreasonable given disproportionate salary allocations to employees and underpayment to the owner, permitting the court to impute income of $10,000 per annum to the respondent and to set guideline child support at $128 per month for three children, effective October 1, 2004, with no retroactive arrears and enforcement through Maintenance Enforcement.

Citation
2004 NSFC 14
Parties
Applicant: J.M.B.; Respondent: S.R.P.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
21 September 2004
Procedural Posture
Child Support Variation (iso Application) / Decision (variation Hearing)
Outcome
Application granted in part: income imputed and guideline support ordered; no retroactive arrears; enforcement and reporting obligations imposed.
Legal Topics
Variation of Child Support, Imputation of Income for Self Employed Payor, Child Maintenance Guidelines Application, Retroactive Support, Maintenance Enforcement, Requirement to Provide Tax Returns
Source Language
English
Family Law Child Support Inter Jurisdictional Support Variation of Child Support Imputation of Income for Self Employed Payor Child Maintenance Guidelines Application Retroactive Support Maintenance Enforcement +1 more

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Parties

J.M.B.

Applicant

S.R.P.

Respondent

Procedural Posture

Child Support Variation (iso Application) / Decision (variation Hearing)

Legal Issues

  1. 1 Whether there is a change in circumstances warranting variation of child support
  2. 2 Whether the respondent's self-employed income should be imputed
  3. 3 What amount of income should be imputed and resultant support amount

Ratio Decidendi

Implementation of the Child Maintenance Guidelines constituted a change in circumstances; the disclosed business figures were unreasonable given disproportionate salary allocations to employees and underpayment to the owner, permitting the court to impute income of $10,000 per annum to the respondent and to set guideline child support at $128 per month for three children, effective October 1, 2004, with no retroactive arrears and enforcement through Maintenance Enforcement.

Court Disposition

Application granted in part: income imputed and guideline support ordered; no retroactive arrears; enforcement and reporting obligations imposed.

Orders

  • Impute income to the respondent at $10,000 per annum.
  • Set child support at $128 per month for three children, payable on the first of each month commencing October 1, 2004.