M.S. v. E.O.

M.S. v. E.O.

Court found a change of circumstances: C.O. ceased to be dependent as of Sept 14, 2012, imputed and accounted for applicant's pension/temporary income and WCB payments as income from all sources, grossed up temporary/non-taxable amounts under s.19 to determine table income for 2016 and 2017, declined to vary maintenance retroactively for the period November 2006–2011 (and generally 2006–Aug 2016 except where evidence permitted) due to insufficient disclosure and fairness concerns, calculated net arrears/overpayments accordingly, set prospective monthly maintenance and ordered a repayment plan through Maintenance Enforcement.

Citation
2017 NSSC 370
Parties
Applicant: M.S. Jr.; Respondent: E.O.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 December 2017
Procedural Posture
Family Child Maintenance Variation / Trial Concluded; Decision Rendered (interim Orders, Pre Trial, Trial and Continuation Dates Culminating in Final Endorsement)
Outcome
Application to vary granted in part and denied in part: change of dependency effective Sept 14, 2012 accepted; table amounts adjusted for 2016 and 2017; no broad retroactive increases/decreases for periods with insufficient disclosure; arrears and overpayments netted and payment plan ordered.
Legal Topics
Variation of Support, Retroactive Maintenance, Income Determination and Imputation, Arrears Calculation, Special/extraordinary Expenses, Grossing Up Non Taxable Benefits
Source Language
English
Family Law Child Support/maintenance Maintenance Enforcement Pension and Benefits Variation of Support Retroactive Maintenance Income Determination and Imputation Arrears Calculation +2 more

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Parties

M.S. Jr.

Applicant

E.O.

Respondent

Procedural Posture

Family Child Maintenance Variation / Trial Concluded; Decision Rendered (interim Orders, Pre Trial, Trial and Continuation Dates Culminating in Final Endorsement)

Legal Issues

  1. 1 Whether there was a change in number of dependent children and effective date
  2. 2 What constitutes the parties' gross income from all sources for table amount in each year (2012-2017)
  3. 3 Whether pension/settlement/temporary income must be included and grossed up for child support

Ratio Decidendi

Court found a change of circumstances: C.O. ceased to be dependent as of Sept 14, 2012, imputed and accounted for applicant's pension/temporary income and WCB payments as income from all sources, grossed up temporary/non-taxable amounts under s.19 to determine table income for 2016 and 2017, declined to vary maintenance retroactively for the period November 2006–2011 (and generally 2006–Aug 2016 except where evidence permitted) due to insufficient disclosure and fairness concerns, calculated net arrears/overpayments accordingly, set prospective monthly maintenance and ordered a repayment plan through Maintenance Enforcement.

Court Disposition

Application to vary granted in part and denied in part: change of dependency effective Sept 14, 2012 accepted; table amounts adjusted for 2016 and 2017; no broad retroactive increases/decreases for periods with insufficient disclosure; arrears and overpayments netted and payment plan ordered.

Orders

  • C.O. ceased to be a dependent child as of Sept 14, 2012; no child maintenance owed for C.O. from Oct 1, 2012 onward.
  • Prospective table child maintenance for M.O.: $267.00 per month from Jan 1, 2018 until further order or agreement.