Colter v. Colter

Colter v. Colter

Portion of settlement characterized and paid as severance is taxable income and must be included in respondent's 2014 income for support calculations; income will not be imputed to petitioner given her circumstances and efforts toward self-sufficiency; applying the parties' agreed set-off method and relevant...

Source-derived case information.

Citation
2015 NSSC 2
Parties
Petitioner: Kathleen Elaine Colter; Respondent: Keith Gerald Colter
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 January 2015
Procedural Posture
Divorce and Corollary Relief / Final Decision Following Hearing and Variation Application
Outcome
Divorce granted; Consent Order incorporated into Corollary Relief Order and varied as detailed below.
Legal Topics
Variation of Support Orders, Income Characterization (severance), Income Imputation, Consent Orders, Cohabitation Effects on Support
Source Language
english
Family Law Divorce Child Support Spousal Support Matrimonial Property Variation of Support Orders Income Characterization (severance) Income Imputation +2 more

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Parties

Kathleen Elaine Colter

Petitioner

Keith Gerald Colter

Respondent

Procedural Posture

Divorce and Corollary Relief / Final Decision Following Hearing and Variation Application

Legal Issues

  1. 1 What is appropriate spousal support for 2014?
  2. 2 What is appropriate child support prospectively starting Jan 2015?
  3. 3 What is appropriate spousal support prospectively starting Jan 2015?

Ratio Decidendi

Portion of settlement characterized and paid as severance is taxable income and must be included in respondent's 2014 income for support calculations; income will not be imputed to petitioner given her circumstances and efforts toward self-sufficiency; applying the parties' agreed set-off method and relevant statutory factors, child support is set at $1,461/month for 2014 and $1,030/month from January 2015; spousal support remains $1,000/month January–May 2014, is $0 June–December 2014 (due to cohabitation and changed circumstances), and is fixed at $400/month commencing January 15, 2015; divorce is granted and Consent Order is incorporated and varied accordingly.

Court Disposition

Divorce granted; Consent Order incorporated into Corollary Relief Order and varied as detailed below.

Orders

  • Divorce granted; name change provision may be included if requested by petitioner.
  • Respondent to pay child support $1,461.00 per month for period January 1, 2014 to December 1, 2014 payable on the 1st of each month.