J.E.M. v. L.G.M.

J.E.M. v. L.G.M.

Separation date found to be July 2005; divorce granted effective date of the decision; joint custody awarded with the wife as primary residential parent; father granted scheduled access (every second weekend Saturday 10:00 am to Sunday 4:00 pm and Wednesday after school to 9:00 pm and reasonable additional access); child support payable by husband $796/month through Maintenance Enforcement Program; husband responsible for section 7 extraordinary expenses (children's extracurriculars and childcare until wife obtains employment) given wife's current lack of income; matrimonial assets divided with taxable assets equalized by spousal rollover (wife to rollover $28,182.34 to husband's RRSP),...

Citation
2007 NSSC 52
Parties
Petitioner: M. (J. E.); Respondent: M. (L. G.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 February 2007
Procedural Posture
Divorce (family Division, Supreme Court of Nova Scotia) / Final Written Decision (trial)
Outcome
Judgment for divorce granted; separation date determined July 2005; orders made on custody, access, child support, spousal support, property division, pension division, life insurance and benefits, exclusive possession of home for limited period and costs reserved.
Legal Topics
Separation Date Determination, Parenting Plan and Joint Custody, Section 7 Extraordinary Expenses, Valuation Date for Asset Division, Equalization and Spousal Rollover, Exclusive Possession of Matrimonial Home, Pension Division, Life Insurance and Medical Coverage
Source Language
English
Family Law Divorce Child Custody and Access Child Support Spousal Support Matrimonial Property Division Insurance and Benefits Costs +8 more

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Parties

M. (J. E.)

Petitioner

M. (L. G.)

Respondent

Procedural Posture

Divorce (family Division, Supreme Court of Nova Scotia) / Final Written Decision (trial)

Legal Issues

  1. 1 Whether parties were separated prior to July 2005 and the operative separation date
  2. 2 Appropriate custody and access arrangement in children's best interests
  3. 3 Quantum and mechanism of table child support and section 7 contributions

Ratio Decidendi

Separation date found to be July 2005; divorce granted effective date of the decision; joint custody awarded with the wife as primary residential parent; father granted scheduled access (every second weekend Saturday 10:00 am to Sunday 4:00 pm and Wednesday after school to 9:00 pm and reasonable additional access); child support payable by husband $796/month through Maintenance Enforcement Program; husband responsible for section 7 extraordinary expenses (children's extracurriculars and childcare until wife obtains employment) given wife's current lack of income; matrimonial assets divided with taxable assets equalized by spousal rollover (wife to rollover $28,182.34 to husband's RRSP),...

Court Disposition

Judgment for divorce granted; separation date determined July 2005; orders made on custody, access, child support, spousal support, property division, pension division, life insurance and benefits, exclusive possession of home for limited period and costs reserved.

Orders

  • Divorce granted with effective date of this decision and separation date determined as July 2005.
  • Joint custody awarded; wife granted primary residence of the children.