R.A.B. v. C.W.R.

R.A.B. v. C.W.R.

In a shared parenting arrangement the court applies s.9 of the Guidelines as self-contained authority; it may impute income where a parent is reasonably under‑employed; child support is calculated by applying table amounts to each parent and setting off obligations to yield a net monthly payment; retroactive support is appropriate from date of effective notice (here separation) and s.7 extraordinary expenses are to be shared proportionally to incomes; applying these principles produced a net monthly payment of $333.51 from respondent to applicant and 18 months retroactive arrears.

Citation
2016 NSFC 14
Parties
Applicant: R.A.B.; Respondent: C.W.R.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
1 June 2016
Procedural Posture
Maintenance and Custody Act Child Maintenance and Section 7 Extraordinary Expenses / Final Decision
Outcome
Child maintenance ordered payable by respondent to applicant with retroactive arrears; joint custody maintained; no retroactive s.7 awards; ongoing s.7 expenses shared proportionally.
Legal Topics
Imputing Income, Undue Hardship in Shared Parenting, Retroactive Child Support, Section 9 Analysis, Section 7 Extraordinary Expenses, Set Off Calculation
Source Language
English
Family Law Child Maintenance Custody and Access Shared Parenting Extraordinary Expenses (section 7) Imputing Income Undue Hardship in Shared Parenting Retroactive Child Support +3 more

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Parties

R.A.B.

Applicant

C.W.R.

Respondent

Procedural Posture

Maintenance and Custody Act Child Maintenance and Section 7 Extraordinary Expenses / Final Decision

Legal Issues

  1. 1 Whether child maintenance is payable and the amount
  2. 2 Whether income should be imputed to the applicant under s.19
  3. 3 Whether undue hardship under s.10 applies in a shared parenting context

Ratio Decidendi

In a shared parenting arrangement the court applies s.9 of the Guidelines as self-contained authority; it may impute income where a parent is reasonably under‑employed; child support is calculated by applying table amounts to each parent and setting off obligations to yield a net monthly payment; retroactive support is appropriate from date of effective notice (here separation) and s.7 extraordinary expenses are to be shared proportionally to incomes; applying these principles produced a net monthly payment of $333.51 from respondent to applicant and 18 months retroactive arrears.

Court Disposition

Child maintenance ordered payable by respondent to applicant with retroactive arrears; joint custody maintained; no retroactive s.7 awards; ongoing s.7 expenses shared proportionally.

Orders

  • Joint custody of the children in a shared parenting arrangement on the terms of the interim order of August 17, 2015.
  • Respondent to pay applicant child maintenance of $333.51 per month commencing June 1, 2016 and continuing the first of each month thereafter.