Smith v. Selig

Smith v. Selig

Ryan ceased to be a child of the marriage as of July 2006 and his maintenance is terminated; Ashley remains a child of the marriage and Smith is ordered prospectively and retroactively to contribute: prospectively half the Guideline amount during months Ashley is at university and full Guideline amount during non-school months, and retroactively 73.5% of specified educational costs from November 1, 2003 to January 31, 2007 after prescribed deductions, with retroactivity limited to three years prior to the application.

Citation
2007 NSSC 41
Parties
Applicant/respondent: Gary W. Smith; Respondent/petitioner: Bertha Selig
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 February 2007
Procedural Posture
Divorce Child Support / Oral Decision (chambers)
Outcome
Partially granted and partially granted: Smith's request to terminate maintenance for Ryan granted; Smith's request to terminate Ashley's maintenance denied; Selig's application for retroactive and ongoing contributions for Ashley granted in part; Selig's retroactive claim for Ryan denied.
Legal Topics
Retroactive Child Support, Educational Expenses, Age of Majority, Material Time, Guidelines Calculation, Termination of Maintenance
Source Language
English
Family Law Child Support Divorce Act Federal Child Support Guidelines Retroactive Child Support Educational Expenses Age of Majority Material Time +2 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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gary W. Smith

Applicant/respondent

Bertha Selig

Respondent/petitioner

Procedural Posture

Divorce Child Support / Oral Decision (chambers)

Legal Issues

  1. 1 Whether basic child support should be terminated for Ryan and Ashley
  2. 2 Whether retroactive child support is payable for Ashley and/or Ryan
  3. 3 Whether the non-custodial parent must proportionally contribute to post-secondary educational costs and in what amount

Ratio Decidendi

Ryan ceased to be a child of the marriage as of July 2006 and his maintenance is terminated; Ashley remains a child of the marriage and Smith is ordered prospectively and retroactively to contribute: prospectively half the Guideline amount during months Ashley is at university and full Guideline amount during non-school months, and retroactively 73.5% of specified educational costs from November 1, 2003 to January 31, 2007 after prescribed deductions, with retroactivity limited to three years prior to the application.

Court Disposition

Partially granted and partially granted: Smith's request to terminate maintenance for Ryan granted; Smith's request to terminate Ashley's maintenance denied; Selig's application for retroactive and ongoing contributions for Ashley granted in part; Selig's retroactive claim for Ryan denied.

Orders

  • Maintenance for Ryan Leslie Smith terminated as of July 2006.
  • Commencing February 2, 2007 Smith shall pay Selig one half of the Guidelines amount for one child ($309.50) for months Ashley attends university (September through April).