Calder v. Calder

Calder v. Calder

No retroactive child support (table or section 7) prior to January 1, 2011 because respondent's voluntary payments to end of 2010 exceeded the table amount and respondent paid or exceeded his share of special expenses; no retroactive spousal support because payments made satisfied any retroactive need given applicant's part‑time work, delays and conduct, respondent's ability to pay and debt; ongoing child support for 2011 set at $791/month based on respondent income $93,590 with annual adjustment procedures; parties must each name the other as beneficiary of 50% of life insurance held at separation while child remains dependent or spousal support is payable; right to apply for spousal...

Citation
2011 NSSC 328
Parties
Petitioner: Jane Sadie Calder; Respondent: John Hugh Calder
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 September 2011
Procedural Posture
Divorce / Family Law (corollary Relief) / Trial Judgment (written Decision)
Outcome
Divorce granted; no retroactive child or spousal support; ongoing child support ordered with adjustments; spousal support not ordered retroactively and right to apply reserved for two years; life insurance beneficiary order regarding 50% shares; costs reserved for later hearing.
Legal Topics
Retroactive Child Support, Section 7 Expenses, Retroactive Spousal Support, Spousal Support Advisory Guidelines, Security for Support (life Insurance), Income Determination, Costs
Source Language
English
Family Law Divorce Child Support Spousal Support Property and Pensions Retroactive Child Support Section 7 Expenses Retroactive Spousal Support +4 more

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Parties

Jane Sadie Calder

Petitioner

John Hugh Calder

Respondent

Procedural Posture

Divorce / Family Law (corollary Relief) / Trial Judgment (written Decision)

Legal Issues

  1. 1 Whether retroactive child support (table and section 7) is owing for period Nov 2008–Dec 2010
  2. 2 Calculation and adjustment of ongoing child support for 2011 and subsequent years
  3. 3 Whether retroactive spousal support is owed for Nov 2008–Oct 2010

Ratio Decidendi

No retroactive child support (table or section 7) prior to January 1, 2011 because respondent's voluntary payments to end of 2010 exceeded the table amount and respondent paid or exceeded his share of special expenses; no retroactive spousal support because payments made satisfied any retroactive need given applicant's part‑time work, delays and conduct, respondent's ability to pay and debt; ongoing child support for 2011 set at $791/month based on respondent income $93,590 with annual adjustment procedures; parties must each name the other as beneficiary of 50% of life insurance held at separation while child remains dependent or spousal support is payable; right to apply for spousal...

Court Disposition

Divorce granted; no retroactive child or spousal support; ongoing child support ordered with adjustments; spousal support not ordered retroactively and right to apply reserved for two years; life insurance beneficiary order regarding 50% shares; costs reserved for later hearing.

Orders

  • Divorce granted.
  • There shall be no retroactive (pre January 1, 2011) order for child support (table or section 7).