MacDonald v. MacDonald

MacDonald v. MacDonald

The court determined on the balance of probabilities that Mr. MacDonald’s base income for child support should be set at $45,000 per annum (including approximately $7,000 overtime) because his documented 2008 overtime earnings were exceptional and unlikely to be fully available going forward; the Federal Child...

Source-derived case information.

Citation
2009 NSSC 214
Parties
Applicant/petitioner: Lisa Danielle MacDonald; Respondent: Paul Douglas MacDonald
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 May 2009
Procedural Posture
Family Law Child Support (divorce Act) / Oral Decision (judgment)
Outcome
Base annual income for child support set at $45,000; monthly child support $849 for 2009 pending annual recalculation; annual recalculation on January 15 with payment of any shortfall within 15 days; retroactive maintenance to April 2009 fixed at $8,971 payable $200/month; reporting and enforcement requirements...
Legal Topics
Income Determination for Child Support, Overtime Inclusion, Recalculation Method, Retroactive Support, Maintenance Enforcement
Source Language
english
Family Law Child Support Divorce Family Procedure Income Determination for Child Support Overtime Inclusion Recalculation Method Retroactive Support +1 more

Source-derived case record

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Parties

Lisa Danielle MacDonald

Applicant/petitioner

Paul Douglas MacDonald

Respondent

Procedural Posture

Family Law Child Support (divorce Act) / Oral Decision (judgment)

Legal Issues

  1. 1 What is the income of Mr. MacDonald for child support purposes for 2009 and forward?
  2. 2 Whether overtime already earned should be included in future income and, if so, how much.
  3. 3 Whether and how child support should be recalculated retroactively on a yearly basis.

Ratio Decidendi

The court determined on the balance of probabilities that Mr. MacDonald’s base income for child support should be set at $45,000 per annum (including approximately $7,000 overtime) because his documented 2008 overtime earnings were exceptional and unlikely to be fully available going forward; the Federal Child Support Guidelines require use of the most current income with annual recalculation, so the court set monthly support at $849 with an annual recalculation on January 15 of the following year based on actual gross income and ordered prompt payment of any shortfall within 15 days and a structured repayment of outstanding retroactive maintenance of $8,971 at $200 per month.

Court Disposition

Base annual income for child support set at $45,000; monthly child support $849 for 2009 pending annual recalculation; annual recalculation on January 15 with payment of any shortfall within 15 days; retroactive maintenance to April 2009 fixed at $8,971 payable $200/month; reporting and enforcement requirements...

Orders

  • Set respondent's base annual income for child support at $45,000 inclusive of approximately $7,000 overtime.
  • Order monthly child support at $849 for 2009 based on New Brunswick table pending recalculation.