Ross v. Ross

Ross v. Ross

Divorce was granted due to permanent breakdown evidenced by separation in excess of one year; child support was fixed at the applicable Guideline table amount for two children ($716/month) commencing November 1, 2003; spousal support was awarded at $750/month tax deductible commencing November 1, 2003 based on the Bray-Long analysis and the parties' respective incomes and obligations; the matrimonial home is deeded to the wife by quit claim from husband subject to the mortgage while the Margaree 'mother's' property was characterized as non-matrimonial and the wife’s claim to it dismissed for division under the Matrimonial Property Act; ancillary orders include maintenance of life...

Citation
2003 NSSF 41
Parties
Petitioner: Vernon Charles Ross; Respondent: Mary Eileen Ross
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 September 2003
Procedural Posture
Divorce (family Division) / Decision / Final Judgment on Corollary Relief
Outcome
Divorce granted and corollary relief ordered as set out in the judgment.
Legal Topics
Divorce Judgment, Child Support Guidelines Calculation, Bray Long Spousal Support Analysis, Characterization of Property (matrimonial Vs Non Matrimonial), Matrimonial Property Act S.4 and S.13, Life Insurance Designation, Medical Coverage Continuation, Bankruptcy and Debt Resolution, Costs
Source Language
English
Family Law Divorce Law Matrimonial Property Child Support Spousal Support Custody and Access Enforcement (garnishee) Divorce Judgment +8 more

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Parties

Vernon Charles Ross

Petitioner

Mary Eileen Ross

Respondent

Procedural Posture

Divorce (family Division) / Decision / Final Judgment on Corollary Relief

Legal Issues

  1. 1 Whether jurisdiction existed and whether res judicata/issue estoppel applied to bar relief
  2. 2 Whether divorce should be granted under the Divorce Act (one year separation)
  3. 3 Calculation and payment of child support under Federal Child Support Guidelines

Ratio Decidendi

Divorce was granted due to permanent breakdown evidenced by separation in excess of one year; child support was fixed at the applicable Guideline table amount for two children ($716/month) commencing November 1, 2003; spousal support was awarded at $750/month tax deductible commencing November 1, 2003 based on the Bray-Long analysis and the parties' respective incomes and obligations; the matrimonial home is deeded to the wife by quit claim from husband subject to the mortgage while the Margaree 'mother's' property was characterized as non-matrimonial and the wife’s claim to it dismissed for division under the Matrimonial Property Act; ancillary orders include maintenance of life...

Court Disposition

Divorce granted and corollary relief ordered as set out in the judgment.

Orders

  • Divorce Judgment granted.
  • Child support of $716 per month for two children payable on the first day of each month commencing November 1, 2003; mortgage payment for October 2003 to be paid by Mr. Ross.