Carvalho Morris v. Morris

Carvalho Morris v. Morris

On the interim record the Court found Petitioner’s income to be $65,889.68 and Respondent’s income to be $25,000 (dividends), after conducting a s.18 analysis of corporate accounts which yielded pre‑tax corporate income of approximately $22,532 and concluding expenses were reasonable with only nominal personal adjustments; there was insufficient evidentiary basis to impute additional income under s.19 or to attribute income from the Bahamas property at the interim stage; accordingly interim child support was fixed at $190/month, no interim s.7 expenses were ordered, and no interim spousal support was awarded.

Citation
2025 NSSC 75
Parties
Petitioner: Laura Carvalho Morris; Respondent: Leonardo Morris
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 February 2025
Procedural Posture
Family Law — Interim Child Support and Interim Spousal Support / Interim Hearing Decision
Outcome
Interim order setting Petitioner income at $65,889.68 and Respondent income at $25,000; Respondent to pay child support of $190 per month commencing December 1, 2024; no interim section 7 expenses awarded; no interim spousal support awarded; Respondent granted exclusive possession of the matrimonial home.
Legal Topics
Interim Child Support, Section 7 Expenses, Income Determination Under Federal Child Support Guidelines, Imputation of Income (s.19), Attribution of Corporate Income (s.18), Exclusive Possession of Matrimonial Home
Source Language
English
Family Law Child Support Spousal Support Income Imputation Corporate Attribution Under Guidelines Interim Child Support Section 7 Expenses Income Determination Under Federal Child Support Guidelines +3 more

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Parties

Laura Carvalho Morris

Petitioner

Leonardo Morris

Respondent

Procedural Posture

Family Law — Interim Child Support and Interim Spousal Support / Interim Hearing Decision

Legal Issues

  1. 1 Appropriate income of Petitioner
  2. 2 Appropriate income of Respondent
  3. 3 Whether to impute income based on proprietary interest in Caribbean property

Ratio Decidendi

On the interim record the Court found Petitioner’s income to be $65,889.68 and Respondent’s income to be $25,000 (dividends), after conducting a s.18 analysis of corporate accounts which yielded pre‑tax corporate income of approximately $22,532 and concluding expenses were reasonable with only nominal personal adjustments; there was insufficient evidentiary basis to impute additional income under s.19 or to attribute income from the Bahamas property at the interim stage; accordingly interim child support was fixed at $190/month, no interim s.7 expenses were ordered, and no interim spousal support was awarded.

Court Disposition

Interim order setting Petitioner income at $65,889.68 and Respondent income at $25,000; Respondent to pay child support of $190 per month commencing December 1, 2024; no interim section 7 expenses awarded; no interim spousal support awarded; Respondent granted exclusive possession of the matrimonial home.

Orders

  • Petitioner annual income fixed at $65,889.68
  • Respondent annual income fixed at $25,000 for interim support purposes