Harrison v. Harrison

Harrison v. Harrison

Court denied Mrs. Harrison retroactive child support for 2003 based on the totality of circumstances (shared care history, generous prior payments, use of children's fund and potential prejudice to ongoing support), awarded Mrs. Harrison periodic spousal support of $1,000 per month beginning when Mr. Harrison ceased making child support payments to her, declined the $10,000 lump sum for retraining for lack of a concrete plan, and ordered equal division of matrimonial property and debts with specified valuations resulting in a net payment of $6,981 by Mr. Harrison to Mrs. Harrison.

Citation
2004 NSSF 91
Parties
Petitioner: Joan Lorraine Harrison; Respondent: Peter John Harrison
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 October 2004
Procedural Posture
Divorce (family Division) / Post Trial Written Decision (part 2)
Outcome
Retroactive child support denied; periodic spousal support awarded; lump sum spousal support denied; matrimonial property divided equally; specified equalization and payment ordered.
Legal Topics
Retroactive Child Support, Interim Consent Order, Spousal Support for Retraining, Equalization of Matrimonial Property, RRSP Valuation, Valuation of Matrimonial Home
Source Language
English
Family Law Child Support Spousal Support Matrimonial Property Custody and Access Retroactive Child Support Interim Consent Order Spousal Support for Retraining +3 more

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Parties

Joan Lorraine Harrison

Petitioner

Peter John Harrison

Respondent

Procedural Posture

Divorce (family Division) / Post Trial Written Decision (part 2)

Legal Issues

  1. 1 Whether retroactive child support for 2003 should be ordered
  2. 2 Entitlement to ongoing spousal support and quantum
  3. 3 Whether lump sum spousal support for retraining should be ordered

Ratio Decidendi

Court denied Mrs. Harrison retroactive child support for 2003 based on the totality of circumstances (shared care history, generous prior payments, use of children's fund and potential prejudice to ongoing support), awarded Mrs. Harrison periodic spousal support of $1,000 per month beginning when Mr. Harrison ceased making child support payments to her, declined the $10,000 lump sum for retraining for lack of a concrete plan, and ordered equal division of matrimonial property and debts with specified valuations resulting in a net payment of $6,981 by Mr. Harrison to Mrs. Harrison.

Court Disposition

Retroactive child support denied; periodic spousal support awarded; lump sum spousal support denied; matrimonial property divided equally; specified equalization and payment ordered.

Orders

  • No retroactive child support order for 2003 is made in favour of Joan Lorraine Harrison.
  • Peter John Harrison shall pay spousal support to Joan Lorraine Harrison in the amount of $1,000.00 per month; payments to commence the month he ceased making child support payments to her.