Stever v. Stever

Stever v. Stever

On an interim basis the court preserved stability for almost-16-year-old children and refused to disrupt the existing primary residence; ordered joint custody with primary care and residence to mother and interim exclusive occupation of the matrimonial home to mother; attributed father's 2004 T4 income of $81,826 to calculate interim child support $1,046/month; held paddling is a section 7 extraordinary expense to be proportionately shared and hockey is not a section 7 expense; ordered interim spousal support to mother of $1,400/month based on means and needs and to enable contribution to section 7 expenses; directed father to pay mother's 2004 capital gains tax liability upon production...

Citation
2005 NSSC 157
Parties
Petitioner: Ronald W. Stever; Respondent: Marie E. Stever
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 March 2005
Procedural Posture
Divorce; Matrimonial Property / Interim Application / Hearing
Outcome
Interim orders granted: joint custody with primary care and residence to mother; mother granted interim exclusive occupation of matrimonial home; father granted reasonable access; interim child support $1,046/month based on 2004 T4 income $81,826; interim spousal support to mother $1,400/month; paddling designated a...
Legal Topics
Interim Custody, Exclusive Occupation of Matrimonial Home, Joint Custody With Primary Residence, Child Support Guidelines S.7 Extraordinary Expenses, Allocation of Section 7 Expenses, Interim Spousal Support (means and Needs), Tax Liability for Realized Capital Gains, Access Scheduling
Source Language
English
Family Law Divorce Matrimonial Property Child Support Spousal Support Custody and Access Interim Custody Exclusive Occupation of Matrimonial Home +6 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 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ronald W. Stever

Petitioner

Marie E. Stever

Respondent

Procedural Posture

Divorce; Matrimonial Property / Interim Application / Hearing

Legal Issues

  1. 1 Whether to change primary residence and grant interim exclusive occupation to father
  2. 2 Whether to order interim custody or continue existing arrangements with mother
  3. 3 Amount of interim child support and basis for income determination

Ratio Decidendi

On an interim basis the court preserved stability for almost-16-year-old children and refused to disrupt the existing primary residence; ordered joint custody with primary care and residence to mother and interim exclusive occupation of the matrimonial home to mother; attributed father's 2004 T4 income of $81,826 to calculate interim child support $1,046/month; held paddling is a section 7 extraordinary expense to be proportionately shared and hockey is not a section 7 expense; ordered interim spousal support to mother of $1,400/month based on means and needs and to enable contribution to section 7 expenses; directed father to pay mother's 2004 capital gains tax liability upon production...

Court Disposition

Interim orders granted: joint custody with primary care and residence to mother; mother granted interim exclusive occupation of matrimonial home; father granted reasonable access; interim child support $1,046/month based on 2004 T4 income $81,826; interim spousal support to mother $1,400/month; paddling designated a...

Orders

  • Parties ordered joint custody of the children with primary care and residence with mother.
  • Mother granted interim exclusive occupation of the matrimonial home.