Antony v. Antony

Antony v. Antony

Court held both children were "children of the marriage" while full‑time students and in need of parental support; despite wife's delay a retroactive award was appropriate because husband engaged in blameworthy conduct and had sufficient means; effective notice occurred in mid‑2006 but retroactivity was limited to July 1, 2007; husband’s income was attributed at $358,000 for guideline purposes; retroactive support of CAD 67,523.36 awarded payable by December 21, 2009; prospective support ordered for daughter C.A. at CAD 784 per month from Jan 1, 2010 until further order; no prospective support for son D.A. after December 2009.

Citation
2009 NSSC 343
Parties
Applicant (former Spouse): Manonmani Antony; Respondent (former Spouse): Savarimuthusosai Antony
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 November 2009
Procedural Posture
Divorce Corollary Relief (child Support) / Application, Hearing and Decision (family Division, Supreme Court of Nova Scotia)
Outcome
Application granted in part: retroactive child support awarded; prospective support for one child ordered; disclosure and reporting obligations imposed; costs reserved.
Legal Topics
Retroactive Child Support, Prospective Child Support, Definition of Child of the Marriage, Federal Child Support Guidelines, Effective Notice and Limitation for Retroactivity, Imputation of Corporate Income, Sharing of Special Expenses (s.7)
Source Language
English
Family Law Child Support Divorce Law Income Attribution Jurisdiction Retroactive Child Support Prospective Child Support Definition of Child of the Marriage +4 more

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Parties

Manonmani Antony

Applicant (former Spouse)

Savarimuthusosai Antony

Respondent (former Spouse)

Procedural Posture

Divorce Corollary Relief (child Support) / Application, Hearing and Decision (family Division, Supreme Court of Nova Scotia)

Legal Issues

  1. 1 Are the children "children of the marriage" under s.2 of the Divorce Act?
  2. 2 Should retroactive child support be ordered and from what date?
  3. 3 Is prospective child support payable and in what amount?

Ratio Decidendi

Court held both children were "children of the marriage" while full‑time students and in need of parental support; despite wife's delay a retroactive award was appropriate because husband engaged in blameworthy conduct and had sufficient means; effective notice occurred in mid‑2006 but retroactivity was limited to July 1, 2007; husband’s income was attributed at $358,000 for guideline purposes; retroactive support of CAD 67,523.36 awarded payable by December 21, 2009; prospective support ordered for daughter C.A. at CAD 784 per month from Jan 1, 2010 until further order; no prospective support for son D.A. after December 2009.

Court Disposition

Application granted in part: retroactive child support awarded; prospective support for one child ordered; disclosure and reporting obligations imposed; costs reserved.

Orders

  • Husband to pay retroactive child support to wife in the sum of CAD 67,523.36 no later than December 21, 2009.
  • Husband to pay prospective child support for daughter C.A. to wife at CAD 784.00 per month commencing January 1, 2010 and payable on the 1st of each month until further order.