Piasecki v. Piasecki

Piasecki v. Piasecki

The court adjusted child support to reflect the applicant's 2011 income ($588/month effective May 1, 2012) and found the applicant's health deterioration and lack of access to home equity due to respondent's delayed sale of the matrimonial home constitute a material change but do not justify immediate reduction or forgiveness of spousal support; accordingly the court suspended enforcement of certain arrears and ordered the applicant to continue paying $1,000/month pending final accounting after sale and further hearing.

Citation
2012 NSSC 337
Parties
Petitioner/applicant: Jacek Piasecki; Respondent: Krystyna Piasecki
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 October 2012
Procedural Posture
Family Variation of Child and Spousal Support (corollary Relief) / Application Hearing and Decision on Variation (heard Sept 7, 2012)
Outcome
Partial variation granted: child support adjusted to $588/month effective May 1, 2012; spousal support not reduced pending final accounting but enforcement partially suspended and ongoing monthly payment set at $1,000; decisions on arrears deferred until sale proceeds known.
Legal Topics
Variation of Support, Undue Hardship, Parenting Time Calculation, Sale of Matrimonial Home, Arrears and Enforcement, Equalization
Source Language
English
Family Law Child Support Spousal Support Property (matrimonial Home) Enforcement/garnishment Variation of Support Undue Hardship Parenting Time Calculation +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Jacek Piasecki

Petitioner/applicant

Krystyna Piasecki

Respondent

Procedural Posture

Family Variation of Child and Spousal Support (corollary Relief) / Application Hearing and Decision on Variation (heard Sept 7, 2012)

Legal Issues

  1. 1 Whether the applicant's changed circumstances (health, impending military release, lack of access to equity due to delay in sale) justify a retroactive and ongoing variation of child and spousal support
  2. 2 Whether the applicant's time with the child meets a 40% threshold to recalculate child support
  3. 3 Whether the respondent's failure to diligently cooperate in sale of the matrimonial home constitutes a material change of circumstances affecting support and arrears

Ratio Decidendi

The court adjusted child support to reflect the applicant's 2011 income ($588/month effective May 1, 2012) and found the applicant's health deterioration and lack of access to home equity due to respondent's delayed sale of the matrimonial home constitute a material change but do not justify immediate reduction or forgiveness of spousal support; accordingly the court suspended enforcement of certain arrears and ordered the applicant to continue paying $1,000/month pending final accounting after sale and further hearing.

Court Disposition

Partial variation granted: child support adjusted to $588/month effective May 1, 2012; spousal support not reduced pending final accounting but enforcement partially suspended and ongoing monthly payment set at $1,000; decisions on arrears deferred until sale proceeds known.

Orders

  • Child support adjusted to $588 per month commencing May 1, 2012.
  • Suspension of collection of arrears arising since the Corollary Relief Judgment; decision on forgiveness of arrears deferred until sale proceeds are known and distributed.