El Khourani v. Rouani

El Khourani v. Rouani

The claim for repayment of 2017 child support was dismissed because the Corollary Relief Order and Partial Minutes of Settlement did not provide a breakdown of the global arrears and there was insufficient evidence to reopen the negotiated resolution; child support and s.7 contributions for 2018, 2019 and 2020 were calculated from the parties' declared incomes and specified expenses using the s.3 tables and proportionate shares for s.7; extended parenting time did not create entitlement to child support absent shared parenting; offsets between amounts owed and any overpayments under the Corollary Relief Order are permitted.

Citation
2020 NSSC 71
Parties
Petitioner: Mouani El Khourani; Respondent: Mohammed Rouani
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 February 2020
Procedural Posture
Divorce Act Child Support Variation Application / Judgment on Application to Vary Child Support (endorsement)
Outcome
Claim for repayment of 2017 child support dismissed; court calculated child support and s.7 contributions for 2018, 2019 and 2020 and directed counsel to draft an order with opportunity for respondent to identify errors.
Legal Topics
Variation, Retroactive Child Support, Arrears, Section 3 Federal Child Support Guidelines, Section 7 Federal Child Support Guidelines, Extraordinary Expenses, Settlement Incorporation
Source Language
English
Family Law Child Support Divorce Variation Retroactive Child Support Arrears Section 3 Federal Child Support Guidelines Section 7 Federal Child Support Guidelines +2 more

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Parties

Mouani El Khourani

Petitioner

Mohammed Rouani

Respondent

Procedural Posture

Divorce Act Child Support Variation Application / Judgment on Application to Vary Child Support (endorsement)

Legal Issues

  1. 1 Whether respondent is entitled to repayment of 2017 child support
  2. 2 Whether the parties' settlement/Partial Minutes of Settlement and Corollary Relief Order can be reopened
  3. 3 Calculation of child support and s.7 contributions for 2018, 2019 and 2020

Ratio Decidendi

The claim for repayment of 2017 child support was dismissed because the Corollary Relief Order and Partial Minutes of Settlement did not provide a breakdown of the global arrears and there was insufficient evidence to reopen the negotiated resolution; child support and s.7 contributions for 2018, 2019 and 2020 were calculated from the parties' declared incomes and specified expenses using the s.3 tables and proportionate shares for s.7; extended parenting time did not create entitlement to child support absent shared parenting; offsets between amounts owed and any overpayments under the Corollary Relief Order are permitted.

Court Disposition

Claim for repayment of 2017 child support dismissed; court calculated child support and s.7 contributions for 2018, 2019 and 2020 and directed counsel to draft an order with opportunity for respondent to identify errors.

Orders

  • Claim for repayment of 2017 child support dismissed
  • Child support under s.3 for 2018 set at $1109 per month