C.D.D. v. P.R.D.

C.D.D. v. P.R.D.

Divorce granted; children remain in joint custody with CDD as primary caregiver; supervised access via the SAE Program and completion of an attachment program and counselling by PRD are required with a court-ordered review by March 31; prospective basic child support fixed at $1,481.19/month effective December 1, 2017 (with income disclosure and review by June 1, 2019); retroactive basic child support (s.3) was not ordered due to payor good faith, prior consent arrangements and potential hardship; retroactive special expenses (s.7) for child care in the amount of $4,257 awarded and payable at $185/month for 23 months commencing December 1, 2017; matrimonial assets to be divided equally...

Citation
2017 NSSC 369
Parties
Petitioner: CDD; Respondent: PRD
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 November 2017
Procedural Posture
Divorce / Final Judgment Following Trial
Outcome
Divorce granted; parenting, child support and property division orders as set out below
Legal Topics
Retrospective Child Support (dbs Analysis), Basic Child Support (s.3), Special Expenses/child Care (s.7), Supervised Access and SAE Program, Attachment Program and Counselling, Gross Up of Tax Free Benefits for Support, Equalization of Matrimonial Property, Sale and Occupancy of Matrimonial Home, CPP Disability Payments to Children
Source Language
English
Family Law Divorce Child Support Custody and Access Property Division Retrospective Child Support (dbs Analysis) Basic Child Support (s.3) Special Expenses/child Care (s.7) +6 more

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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

CDD

Petitioner

PRD

Respondent

Procedural Posture

Divorce / Final Judgment Following Trial

Legal Issues

  1. 1 Whether supervised access should continue and under what conditions
  2. 2 Calculation of parties' incomes for child support including gross-up of tax-free WCB benefits
  3. 3 Whether retroactive basic child support (s.3) should be awarded and in what amount

Ratio Decidendi

Divorce granted; children remain in joint custody with CDD as primary caregiver; supervised access via the SAE Program and completion of an attachment program and counselling by PRD are required with a court-ordered review by March 31; prospective basic child support fixed at $1,481.19/month effective December 1, 2017 (with income disclosure and review by June 1, 2019); retroactive basic child support (s.3) was not ordered due to payor good faith, prior consent arrangements and potential hardship; retroactive special expenses (s.7) for child care in the amount of $4,257 awarded and payable at $185/month for 23 months commencing December 1, 2017; matrimonial assets to be divided equally...

Court Disposition

Divorce granted; parenting, child support and property division orders as set out below

Orders

  • Divorce judgment granted.
  • Children remain in joint custody with CDD as primary residential parent.