O'Neil v. O'Neil

O'Neil v. O'Neil

On this interim application the court declined to apply the Guidelines table amount for the adult dependent child because doing so, combined with adequate spousal maintenance to allow the wife to remain in the matrimonial home, would be oppressive to the payor given his health, age and current income realities; the court set child support at $500/month and interim spousal support at $3,000/month, excluded the tax-year conversion reserve from current income, required the respondent to maintain life and medical insurance and to provide his 2003 tax return when available.

Citation
2004 NSSF 52
Parties
Petitioner: Linda Margaret O'Neil; Respondent: Leonard Samuel Gerard O'Neil
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 May 2004
Procedural Posture
Divorce/family Law (interim Application) / Interim Application/order
Outcome
Interim support order issued in part; child support and spousal support fixed on interim basis with ancillary directions.
Legal Topics
Interim Support, Maintenance, Adult Dependent Child Support, Income Assessment, Third Party Payments, Budgeting and Self Sufficiency
Source Language
English
Family Law Divorce Child Support Spousal Support Property/matrimonial Home Interim Support Maintenance Adult Dependent Child Support +3 more

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Parties

Linda Margaret O'Neil

Petitioner

Leonard Samuel Gerard O'Neil

Respondent

Procedural Posture

Divorce/family Law (interim Application) / Interim Application/order

Legal Issues

  1. 1 Whether to apply Child Support Guidelines table amount for an adult dependent child
  2. 2 Proper interim quantum of spousal support given payor's health and income constraints
  3. 3 Whether to include a tax-year conversion reserve in payor's current income for support calculation

Ratio Decidendi

On this interim application the court declined to apply the Guidelines table amount for the adult dependent child because doing so, combined with adequate spousal maintenance to allow the wife to remain in the matrimonial home, would be oppressive to the payor given his health, age and current income realities; the court set child support at $500/month and interim spousal support at $3,000/month, excluded the tax-year conversion reserve from current income, required the respondent to maintain life and medical insurance and to provide his 2003 tax return when available.

Court Disposition

Interim support order issued in part; child support and spousal support fixed on interim basis with ancillary directions.

Orders

  • Interim child support fixed at $500 per month.
  • Interim spousal support fixed at $3,000 per month.