M.V. v. S.V.

M.V. v. S.V.

Husband voluntarily left a well‑paying job for reasons unrelated to health, is intentionally unemployed within the meaning of the CMG, and income is imputed at $40,000 per annum; using CMG tables this yields child support of $579 per month payable from July 1, 2007; costs awarded to the wife in the amount of $2,000 plus disbursements $408.97, payable through Maintenance Enforcement Program.

Citation
2009 NSFC 24
Parties
Applicant: M.V.; Respondent: S.V.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
16 November 2009
Procedural Posture
Family Court Maintenance and Custody Act / Hearing/decision (hearing in Absence of Respondent)
Outcome
Order for child support and costs in favour of applicant; income imputed at $40,000 per annum
Legal Topics
Income Imputation, Child Support Calculation, Effective Date of Support, Maintenance Enforcement, Costs Award
Source Language
English
Family Law Child Support Custody and Access Costs Income Imputation Child Support Calculation Effective Date of Support Maintenance Enforcement +1 more

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Parties

M.V.

Applicant

S.V.

Respondent

Procedural Posture

Family Court Maintenance and Custody Act / Hearing/decision (hearing in Absence of Respondent)

Legal Issues

  1. 1 Whether the husband is intentionally unemployed and income should be imputed
  2. 2 What annual income should be imputed for child support calculation
  3. 3 Amount of monthly child support and its effective date

Ratio Decidendi

Husband voluntarily left a well‑paying job for reasons unrelated to health, is intentionally unemployed within the meaning of the CMG, and income is imputed at $40,000 per annum; using CMG tables this yields child support of $579 per month payable from July 1, 2007; costs awarded to the wife in the amount of $2,000 plus disbursements $408.97, payable through Maintenance Enforcement Program.

Court Disposition

Order for child support and costs in favour of applicant; income imputed at $40,000 per annum

Orders

  • Husband to pay child support of $579 per month for two children pursuant to CMG and Nova Scotia Tables, due the first day of each month starting July 1, 2007
  • Amount due and payable as at September 30, 2009 calculated at $15,633.00 (579 x 27 months) and Judgment may be entered