Patriquen v. Stephen

Patriquen v. Stephen

Applicant failed to prove Melana was under his charge; no child support awarded but review provision set if circumstances change. Matrimonial assets to be divided equally subject to s.13 adjustments: Criminal Code fine under s.462.37 is not a matrimonial debt; Revenue Canada reassessment treated as matrimonial for allocation purposes but contribution tied to actual disbursement from sale proceeds (for each $1 of Patriquen's share paid to Revenue Canada, Stephen pays $0.50); matrimonial home ordered listed for immediate sale at $257,270 with specified procedures; net adjustment of $6,000 payable by Patriquen to Stephen at closing after accounting for identified credits and debts.

Citation
2010 NSSC 248
Parties
Petitioner: Michael Patriquen; Respondent: Melanie Stephen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 May 2010
Procedural Posture
Divorce (family Division) / Judgment After Trial With Corollary Relief
Outcome
Divorce granted; corollary relief judgment issued resolving child support claim (no award at this time) and property division orders
Legal Topics
Child Support, Matrimonial Property Division, Exclusive Possession, Sale of Matrimonial Home, Allocation of Debts, Onus of Proof for Parental Charge, Credibility
Source Language
English
Family Law Matrimonial Property Child Support Criminal Law Tax Law Matrimonial Property Division Exclusive Possession Sale of Matrimonial Home +3 more

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Parties

Michael Patriquen

Petitioner

Melanie Stephen

Respondent

Procedural Posture

Divorce (family Division) / Judgment After Trial With Corollary Relief

Legal Issues

  1. 1 Whether applicant proved child (Melana) is under his charge and entitled to child support
  2. 2 How matrimonial assets and debts should be divided under the Nova Scotia Matrimonial Property Act
  3. 3 Whether Criminal Code fine under s.462.37 is a matrimonial debt

Ratio Decidendi

Applicant failed to prove Melana was under his charge; no child support awarded but review provision set if circumstances change. Matrimonial assets to be divided equally subject to s.13 adjustments: Criminal Code fine under s.462.37 is not a matrimonial debt; Revenue Canada reassessment treated as matrimonial for allocation purposes but contribution tied to actual disbursement from sale proceeds (for each $1 of Patriquen's share paid to Revenue Canada, Stephen pays $0.50); matrimonial home ordered listed for immediate sale at $257,270 with specified procedures; net adjustment of $6,000 payable by Patriquen to Stephen at closing after accounting for identified credits and debts.

Court Disposition

Divorce granted; corollary relief judgment issued resolving child support claim (no award at this time) and property division orders

Orders

  • Divorce judgment to issue with corollary relief judgment
  • Matrimonial home (three lots) to be listed for sale immediately at $257,270.00