McNeil v. McNeil

McNeil v. McNeil

Court found substituted service and notice sufficient, accepted the applicant's credible affidavit and documentary evidence showing voluntary overpayments and the children's actual dependency status, fixed termination dates for each child (K.B. at graduation/no retroactive claim; A.B. terminated April 30, 2009; R.J....

Source-derived case information.

Citation
2009 NSSC 360
Parties
Petitioner: Peter James McNeil; Respondent: Kathryn McNeil
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 December 2009
Procedural Posture
Application to Vary Child Support Under S.37 Maintenance and Custody Act / Hearing and Judgment (application to Vary)
Outcome
Application to vary granted in part: child support obligations terminated as to the three children with specified effective dates; no arrears; respondent ordered to repay identified overpayment; costs awarded to applicant.
Legal Topics
Variation of Support, Termination of Child Support, Retroactive Reimbursement, Substituted Service, Costs
Source Language
english
Family Law Child Support Maintenance and Custody Act Civil Procedure Variation of Support Termination of Child Support Retroactive Reimbursement Substituted Service +1 more

Source-derived case record

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Parties

Peter James McNeil

Petitioner

Kathryn McNeil

Respondent

Procedural Posture

Application to Vary Child Support Under S.37 Maintenance and Custody Act / Hearing and Judgment (application to Vary)

Legal Issues

  1. 1 Whether child support obligations should be terminated and the effective dates for each child
  2. 2 Whether the applicant is entitled to reimbursement for alleged overpayments
  3. 3 Whether substituted service and notice to the respondent were sufficient

Ratio Decidendi

Court found substituted service and notice sufficient, accepted the applicant's credible affidavit and documentary evidence showing voluntary overpayments and the children's actual dependency status, fixed termination dates for each child (K.B. at graduation/no retroactive claim; A.B. terminated April 30, 2009; R.J. terminated October 31, 2009), concluded there were no arrears, ordered repayment of a calculated $1,200 overpayment for May–September 2009, and awarded costs of $500 to the applicant.

Court Disposition

Application to vary granted in part: child support obligations terminated as to the three children with specified effective dates; no arrears; respondent ordered to repay identified overpayment; costs awarded to applicant.

Orders

  • All responsibility for child support terminated for the children: K.B. terminated effective after her graduation (no retroactive claim), A.B. McNeil terminated effective April 30, 2009, R.J. McNeil terminated effective October 31, 2009.
  • There are no arrears owing by the applicant.