Breed v. Breed

Breed v. Breed

For interim purposes the court accepted the respondent's expert guideline income analysis subject to specified Schedule III and benefit deductions, fixed Mr. Breed's income for support at $1,186,585, applied s.4 of the Guidelines to use the table amount to $150,000 plus the prescribed multiplier on the balance, ordered child support of $9,098.05 per month effective June 1, 2011 with arrears to Feb 1, 2012 payable by May 1, 2012, and assessed the payee's reasonable monthly needs at $35,637 leading to an interim spousal support order of $24,788.95 per month effective June 1, 2011 with arrears to Feb 1, 2012 payable by May 1, 2012.

Citation
2012 NSSC 83
Parties
Petitioner: Caryn Grace Breed; Respondent: Perley Stephen Breed
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 February 2012
Procedural Posture
Divorce / Interim Application (interim Support Hearing)
Outcome
Interim relief granted in part: interim child support and interim spousal support ordered against Respondent
Legal Topics
Income Imputation, Federal Child Support Guidelines, Spousal Support Advisory Guidelines, Schedule III Adjustments, Interim Orders, Expert Guideline Income Reports
Source Language
English
Family Law Divorce Child Support Spousal Support Interim Relief Income Determination Guideline Applications Income Imputation +5 more

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Parties

Caryn Grace Breed

Petitioner

Perley Stephen Breed

Respondent

Procedural Posture

Divorce / Interim Application (interim Support Hearing)

Legal Issues

  1. 1 Determination of payor income under the Federal Child Support Guidelines (ss.16-19)
  2. 2 Application of s.4 of the Guidelines to income above $150,000
  3. 3 Appropriate quantum of interim child support

Ratio Decidendi

For interim purposes the court accepted the respondent's expert guideline income analysis subject to specified Schedule III and benefit deductions, fixed Mr. Breed's income for support at $1,186,585, applied s.4 of the Guidelines to use the table amount to $150,000 plus the prescribed multiplier on the balance, ordered child support of $9,098.05 per month effective June 1, 2011 with arrears to Feb 1, 2012 payable by May 1, 2012, and assessed the payee's reasonable monthly needs at $35,637 leading to an interim spousal support order of $24,788.95 per month effective June 1, 2011 with arrears to Feb 1, 2012 payable by May 1, 2012.

Court Disposition

Interim relief granted in part: interim child support and interim spousal support ordered against Respondent

Orders

  • Respondent to pay child support of CAD 9,098.05 per month effective June 1, 2011; any arrears owing to February 1, 2012 to be paid by May 1, 2012
  • Respondent to pay interim spousal support of CAD 24,788.95 per month effective June 1, 2011; any arrears owing to February 1, 2012 to be paid by May 1, 2012