Thomas v. Thomas

Thomas v. Thomas

Court found that B remained a child of the marriage until reaching majority and ordered arrears; the petitioner’s income for support is the company’s profits as reported (no add‑back for amortization or special cash reserves); respondent entitled to spousal support of $1,400/month until July 2013 with review; respondent entitled to 17% interest in the net equity of the business calculated at separation date (net equity $248,500) pursuant to s.18 of the Matrimonial Property Act; equalization/payment adjustments to reflect mortgage reductions and occupation credit.

Citation
2012 NSSC 440
Parties
Petitioner: Derek Earl Thomas; Respondent: Lynda Catherine Thomas
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 November 2012
Procedural Posture
Divorce / Final Written Decision
Outcome
Petition granted in part and dismissed in part: child support arrears for B ordered, spousal support awarded in limited amount and duration, party entitled to a 17% share of business net equity and property equalization adjusted.
Legal Topics
Custody, Child Support Arrears, Income Determination/imputation, Business Valuation, Section 18 Contribution Claim, Equalization of Property
Source Language
English
Family Law Matrimonial Property Child Support Spousal Support Custody Child Support Arrears Income Determination/imputation Business Valuation +2 more

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Parties

Derek Earl Thomas

Petitioner

Lynda Catherine Thomas

Respondent

Procedural Posture

Divorce / Final Written Decision

Legal Issues

  1. 1 Whether daughter B remained a child of the marriage between graduation and age of majority and whether arrears are owed
  2. 2 Proper method for determining petitioner's income for support purposes and whether amortization/cash reserves should be added back into corporate profits
  3. 3 Entitlement, quantum and duration of spousal support under Divorce Act and Spousal Support Advisory Guidelines

Ratio Decidendi

Court found that B remained a child of the marriage until reaching majority and ordered arrears; the petitioner’s income for support is the company’s profits as reported (no add‑back for amortization or special cash reserves); respondent entitled to spousal support of $1,400/month until July 2013 with review; respondent entitled to 17% interest in the net equity of the business calculated at separation date (net equity $248,500) pursuant to s.18 of the Matrimonial Property Act; equalization/payment adjustments to reflect mortgage reductions and occupation credit.

Court Disposition

Petition granted in part and dismissed in part: child support arrears for B ordered, spousal support awarded in limited amount and duration, party entitled to a 17% share of business net equity and property equalization adjusted.

Orders

  • Petitioner to pay arrears of child support for daughter B for the period July 2011 to July 2012 (amount to be calculated)
  • Petitioner’s income for child and spousal support to be determined by company profits as reported; amortization and claimed cash reserve excluded