C.F.F. v. M.R.F.

C.F.F. v. M.R.F.

The court found a material change based on Mr. F's increased income together with continuing billeting payments saved for the son, and therefore varied spousal support: Mr. F ordered to pay $250 per month for 40 months (Jan 2013–Apr 2016) as compensatory support; child support and extracurricular-cost variation claims were not adjudicated due to lack of notice and insufficient evidence.

Citation
2012 NSSC 426
Parties
Petitioner: C.F.F.; Respondent: M.R.F.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 December 2012
Procedural Posture
Divorce Act Spousal Support Variation / Variation Hearing (post Divorce Corollary Relief)
Outcome
Variation granted in part: spousal support varied based on material change; child support and extracurricular-cost variation claims not addressed due to procedural fairness and insufficient evidence.
Legal Topics
Variation, Material Change of Circumstances, Compensatory Support, Quantification of Support, Evidentiary Burden, Extra Curricular Expenses
Source Language
English
Family Law Spousal Support Child Support Property Division Divorce Variation Material Change of Circumstances Compensatory Support +3 more

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Parties

C.F.F.

Petitioner

M.R.F.

Respondent

Procedural Posture

Divorce Act Spousal Support Variation / Variation Hearing (post Divorce Corollary Relief)

Legal Issues

  1. 1 Whether there has been a material change in circumstances since the 2010 baseline order
  2. 2 Whether Mr. F's income and expense sharing have changed sufficiently to permit variation of spousal support
  3. 3 Whether reductions in the younger child's expenses or billeting payments constitute a material change

Ratio Decidendi

The court found a material change based on Mr. F's increased income together with continuing billeting payments saved for the son, and therefore varied spousal support: Mr. F ordered to pay $250 per month for 40 months (Jan 2013–Apr 2016) as compensatory support; child support and extracurricular-cost variation claims were not adjudicated due to lack of notice and insufficient evidence.

Court Disposition

Variation granted in part: spousal support varied based on material change; child support and extracurricular-cost variation claims not addressed due to procedural fairness and insufficient evidence.

Orders

  • Mr. F to pay spousal support of CAD 250 per month for 40 months commencing January 2013 and ending April 2016
  • Child support and extraordinary extracurricular cost variation applications not adjudicated due to lack of notice and insufficient evidence