Thompson v. Thompson

Thompson v. Thompson

The Respondent is entitled to non‑compensatory spousal support based on interdependency from the marriage; the Court imputes annual income to the Respondent of $35,000 and sets spousal support at $800 per month (near the SSAG low range) given indebtedness and incentive to seek employment; child support is ordered based on the imputed income with a table amount of $505 per month for the younger child and contribution for the older child without extraordinary expenses; RRSPs and pensions to be divided equally; parties have lived separate and apart for over one year and a divorce order will issue when presented; debts are to be shared as of separation and further submissions are required...

Citation
2013 NSSC 58
Parties
Petitioner: Georgina Lynn Thompson; Respondent: Paul Gregory Thompson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 February 2013
Procedural Posture
Divorce / Decision on Assets, Support and Divorce Order
Outcome
Spousal support awarded to Respondent on a non‑compensatory basis with income imputed; child support ordered based on imputed income; RRSPs and pensions to be divided equally; divorce order to issue when presented; debts shared as of separation; further submissions ordered on sale of home and distribution of effects.
Legal Topics
Imputed Income, Spousal Support Advisory Guidelines, Division of Matrimonial Home, Child Support Guidelines, Pension and RRSP Division
Source Language
English
Family Law Divorce Spousal Support Child Support Property Division Imputed Income Spousal Support Advisory Guidelines Division of Matrimonial Home +2 more

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Parties

Georgina Lynn Thompson

Petitioner

Paul Gregory Thompson

Respondent

Procedural Posture

Divorce / Decision on Assets, Support and Divorce Order

Legal Issues

  1. 1 Division of assets and debts including matrimonial home
  2. 2 Determination and imputation of Respondent's income
  3. 3 Entitlement to and quantum of spousal support

Ratio Decidendi

The Respondent is entitled to non‑compensatory spousal support based on interdependency from the marriage; the Court imputes annual income to the Respondent of $35,000 and sets spousal support at $800 per month (near the SSAG low range) given indebtedness and incentive to seek employment; child support is ordered based on the imputed income with a table amount of $505 per month for the younger child and contribution for the older child without extraordinary expenses; RRSPs and pensions to be divided equally; parties have lived separate and apart for over one year and a divorce order will issue when presented; debts are to be shared as of separation and further submissions are required...

Court Disposition

Spousal support awarded to Respondent on a non‑compensatory basis with income imputed; child support ordered based on imputed income; RRSPs and pensions to be divided equally; divorce order to issue when presented; debts shared as of separation; further submissions ordered on sale of home and distribution of effects.

Orders

  • Impute Respondent annual income at $35,000
  • Respondent to receive spousal support of $800 per month