Fraser v. Campbell

Fraser v. Campbell

Because the respondent refused to provide required financial disclosure and failed to pay support, the court imputed income under the Child Support Guidelines, calculated table and retroactive child support and s.7 expenses accordingly, ordered specific disclosure and insurance obligations, and awarded costs for respondent's non‑cooperation.

Citation
2015 NSSC 28
Parties
Petitioner: Mona Darlene (Fraser) Campbell; Respondent: Patrick Gerard Campbell
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 January 2015
Procedural Posture
Divorce and Corollary Relief Enforcement / Final Hearing on Corollary Relief (decision)
Outcome
Separation agreement enforced; retroactive and ongoing child support and s.7 orders granted; disclosure and insurance obligations ordered; costs awarded to applicant.
Legal Topics
Child Support Table Amounts, Retroactive Support, Section 7 Expenses (extraordinary Expenses), Health and Dental Coverage, Income Imputation Under Guidelines, Maintenance Enforcement Garnishee, Enforcement of Disclosure Obligations
Source Language
English
Family Law Child Support Enforcement of Separation Agreement Income Imputation Costs Child Support Table Amounts Retroactive Support Section 7 Expenses (extraordinary Expenses) +4 more

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Parties

Mona Darlene (Fraser) Campbell

Petitioner

Patrick Gerard Campbell

Respondent

Procedural Posture

Divorce and Corollary Relief Enforcement / Final Hearing on Corollary Relief (decision)

Legal Issues

  1. 1 What table amount of child support should be paid?
  2. 2 What order should be made for s.7 (extraordinary) expenses and their apportionment?
  3. 3 Whether to impute income for non‑disclosure under the Child Support Guidelines

Ratio Decidendi

Because the respondent refused to provide required financial disclosure and failed to pay support, the court imputed income under the Child Support Guidelines, calculated table and retroactive child support and s.7 expenses accordingly, ordered specific disclosure and insurance obligations, and awarded costs for respondent's non‑cooperation.

Court Disposition

Separation agreement enforced; retroactive and ongoing child support and s.7 orders granted; disclosure and insurance obligations ordered; costs awarded to applicant.

Orders

  • Deeming of respondent income at $37,298 for 2013 and $61,419 for 2014 and onward
  • Retroactive child support and related amounts totalling $13,416 less credit for all child support received from November 1, 2012 until January 31, 2015; payable by respondent to applicant at $150 per month commencing February 15, 2015 until paid in full