B.M. v. G.W.

B.M. v. G.W.

The court found retroactive basic child support warranted based on imputed income to the payor due to recurring large cash disbursements from property transactions, findings of blameworthy conduct and the child's need; the court imputed an average CMG income of $70,000 for 2004‑2006, set retroactivity to January 1, 2004, awarded retroactive basic support of $11,712 to December 31, 2006, ordered current basic support of $608 monthly from January 1, 2007, awarded a documented section 7 current share of $365, declined to award retroactive section 7 expenses for lack of evidence, and entered judgment for the sums with costs reserved and enforcement via MEP and registration options.

Citation
2008 NSFC 7
Parties
Applicant (mother): B. M.; Respondent (father): G. W.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
24 March 2008
Procedural Posture
Originating Application Under the Maintenance and Custody Act for Child Support and Section 7 Expenses / Decision Following Hearing and Affidavit Evidence
Outcome
Application granted in part: retroactive basic child support awarded; current basic support ordered; limited section 7 relief granted for documented 2007 extracurricular expenses; judgment entered for arrears and current sums; costs reserved.
Legal Topics
Retroactive Child Support, Imputing Income Under Child Maintenance Guidelines, Extraordinary (section 7) Expenses, Owner‑builder/capital Gains Issues, Security for Payment/judgment Registration
Source Language
English
Family Law Child Support Tax/income Characterization Property/real Estate Transactions Enforcement of Maintenance Orders Retroactive Child Support Imputing Income Under Child Maintenance Guidelines Extraordinary (section 7) Expenses +2 more

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Parties

B. M.

Applicant (mother)

G. W.

Respondent (father)

Procedural Posture

Originating Application Under the Maintenance and Custody Act for Child Support and Section 7 Expenses / Decision Following Hearing and Affidavit Evidence

Legal Issues

  1. 1 Whether retroactive child support should be awarded and to what date
  2. 2 Proper method to determine and impute the payor's income for CMG purposes given non‑standard owner/builder receipts
  3. 3 Whether section 7 extraordinary expenses could be awarded retroactively or currently and in what quantum

Ratio Decidendi

The court found retroactive basic child support warranted based on imputed income to the payor due to recurring large cash disbursements from property transactions, findings of blameworthy conduct and the child's need; the court imputed an average CMG income of $70,000 for 2004‑2006, set retroactivity to January 1, 2004, awarded retroactive basic support of $11,712 to December 31, 2006, ordered current basic support of $608 monthly from January 1, 2007, awarded a documented section 7 current share of $365, declined to award retroactive section 7 expenses for lack of evidence, and entered judgment for the sums with costs reserved and enforcement via MEP and registration options.

Court Disposition

Application granted in part: retroactive basic child support awarded; current basic support ordered; limited section 7 relief granted for documented 2007 extracurricular expenses; judgment entered for arrears and current sums; costs reserved.

Orders

  • Retroactive basic child support awarded from January 1, 2004 to December 31, 2006 in the total amount of $11,712 payable to the Applicant.
  • Current basic child support ordered at $608 per month, effective January 1, 2007, payable monthly until further order.