Lahey v. Wright

Lahey v. Wright

The Court found a material change in circumstances, imputed the respondent’s income at £65,000 (CAD $105,000), set table child support at $850 CAD per month effective March 2010, declined to order retroactive variation, ordered the respondent to pay 50% of residual dental costs ($2,200 CAD lump sum within 30 days of notification) and to contribute $1,000 CAD per year toward extracurriculars payable monthly ($83 CAD/month), and directed full income verification from the respondent for the last three years and to date for 2010.

Citation
2010 NSSC 339
Parties
Petitioner: Ann Marie Lahey; Respondent: Mark Alan Wright
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 September 2010
Procedural Posture
Child Support Variation (family Law) / Decision Provisional Variation Order
Outcome
Provisional variation granted in favour of petitioner with imputed income and supplemental expense orders; retroactive relief declined.
Legal Topics
Variation of Child Support, Imputed Income, Section 7 Expenses, Extraordinary Expenses (orthodontia, Extracurriculars), Reciprocal Enforcement / Foreign Order Confirmation
Source Language
English
Family Law Child Support Maintenance Enforcement International Enforcement Variation of Child Support Imputed Income Section 7 Expenses Extraordinary Expenses (orthodontia, Extracurriculars) +1 more

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Parties

Ann Marie Lahey

Petitioner

Mark Alan Wright

Respondent

Procedural Posture

Child Support Variation (family Law) / Decision Provisional Variation Order

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of child support
  2. 2 What income should be imputed to the father in the absence of reliable disclosure
  3. 3 Allocation and apportionment of extraordinary (Section 7) expenses including orthodontia and extracurricular activities

Ratio Decidendi

The Court found a material change in circumstances, imputed the respondent’s income at £65,000 (CAD $105,000), set table child support at $850 CAD per month effective March 2010, declined to order retroactive variation, ordered the respondent to pay 50% of residual dental costs ($2,200 CAD lump sum within 30 days of notification) and to contribute $1,000 CAD per year toward extracurriculars payable monthly ($83 CAD/month), and directed full income verification from the respondent for the last three years and to date for 2010.

Court Disposition

Provisional variation granted in favour of petitioner with imputed income and supplemental expense orders; retroactive relief declined.

Orders

  • Impute respondent income at £65,000 (CAD $105,000) and set table child support at $850 CAD per month, payment monthly, commencing March 2010 (date of application)
  • Decline to order retroactive adjustment of support (no retroactivity ordered)