Deveau v. Deveau

Deveau v. Deveau

Because the payor failed to disclose materially higher income in 2016–2017 and his evidence of disability and inability to work was not credible, the court found blameworthy conduct justifying a retroactive increase under the D.B.S. factors and imputed income for prospective support at the payor’s demonstrable earning capacity ($21,177), ordering specified retroactive monthly amounts and prospective support of $300/month from Jan 1, 2019, enforceable through the Maintenance Enforcement Program.

Citation
2020 NSFC 3
Parties
Applicant (custodial Parent): Melanie O’Neill; Respondent (payor): Steward Deveau
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
6 February 2020
Procedural Posture
Family Court Child Support Variation (cross Applications) / Final Decision on Cross Variation Applications
Outcome
Application granted in part for retroactive adjustments and granted in part for imputation of income prospectively; reduction application dismissed.
Legal Topics
Retroactive Child Support, Imputation of Income, Material Change in Circumstances, Credibility of Medical Evidence, D.b.s. Retroactivity Factors
Source Language
English
Family Law Child Support Variation of Support Maintenance Enforcement Disability and Imputation Retroactive Child Support Imputation of Income Material Change in Circumstances +2 more

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Parties

Melanie O’Neill

Applicant (custodial Parent)

Steward Deveau

Respondent (payor)

Procedural Posture

Family Court Child Support Variation (cross Applications) / Final Decision on Cross Variation Applications

Legal Issues

  1. 1 Whether child support should be varied retroactively
  2. 2 Whether income should be imputed to the payor for prospective support
  3. 3 Whether the payor’s illness/disability evidence is credible

Ratio Decidendi

Because the payor failed to disclose materially higher income in 2016–2017 and his evidence of disability and inability to work was not credible, the court found blameworthy conduct justifying a retroactive increase under the D.B.S. factors and imputed income for prospective support at the payor’s demonstrable earning capacity ($21,177), ordering specified retroactive monthly amounts and prospective support of $300/month from Jan 1, 2019, enforceable through the Maintenance Enforcement Program.

Court Disposition

Application granted in part for retroactive adjustments and granted in part for imputation of income prospectively; reduction application dismissed.

Orders

  • Retroactive child support fixed at $1,179.00 per month for May 2016 to April 2017 (income $84,670)
  • Retroactive child support fixed at $916.00 per month for May 2017 to November 2017 (income $66,491, old Tables)