P.M. v. R.S.

P.M. v. R.S.

Respondent failed to establish on a balance of probabilities that his unemployment was caused by a reasonable health need; his evidence lacked credibility and was inconsistent with his work history and medical evidence; therefore income was imputed at $35,203.69 based on his prior consistent annual earnings and child maintenance was set at $507.65 per month commencing January 1, 2016, payable through the Maintenance Enforcement Program.

Citation
2016 NSFC 23
Parties
Applicant: P.M.; Respondent: R.S.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
23 September 2016
Procedural Posture
Family Court Child Maintenance Variation / Hearing and Decision (judgment)
Outcome
Income imputed to respondent; child maintenance ordered; special expense for braces shared equally; ancillary disclosure and notification orders made; costs reserved for written submissions.
Legal Topics
Income Imputation, Child Maintenance Guidelines, Burden of Proof, Extraordinary Expenses
Source Language
English
Family Law Child Support Family Court Practice Income Imputation Child Maintenance Guidelines Burden of Proof Extraordinary Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

P.M.

Applicant

R.S.

Respondent

Procedural Posture

Family Court Child Maintenance Variation / Hearing and Decision (judgment)

Legal Issues

  1. 1 Whether income should be imputed to the respondent
  2. 2 What income should be imputed
  3. 3 What child maintenance amount should be ordered

Ratio Decidendi

Respondent failed to establish on a balance of probabilities that his unemployment was caused by a reasonable health need; his evidence lacked credibility and was inconsistent with his work history and medical evidence; therefore income was imputed at $35,203.69 based on his prior consistent annual earnings and child maintenance was set at $507.65 per month commencing January 1, 2016, payable through the Maintenance Enforcement Program.

Court Disposition

Income imputed to respondent; child maintenance ordered; special expense for braces shared equally; ancillary disclosure and notification orders made; costs reserved for written submissions.

Orders

  • Respondent shall have income imputed at $35,203.69 per annum
  • Respondent shall pay child maintenance of $507.65 per month commencing January 1, 2016 and on the first day of each month thereafter